9 Feb 2012
Dr Wright's combined WPI assessment of 37% was accepted and, after deducting the prior combined lump sum percentage of 38.2% received under the 1982 Act, no residual Whole Person Impairment remained; therefore the appellant had no entitlement to an Independence Allowance and the appeal was dismissed.
11 Apr 2006
Because there was a clear factual error in the medical assessment record concerning which vertebral artery was affected and that error was material — it could have closed off necessary enquiries and affected the impairment outcome — the independence allowance assessment was flawed and must be set aside and redone.
26 Jan 2005
The court directed the respondent to initiate the ACC Handbook procedure for chronic pain syndrome: obtain a psychiatric assessment to determine whether the chronic pain syndrome is attributable to the covered injury (evaluated against DSM IV) and, if accepted, have the psychiatrist assess mental impairment percentage under the AMA Guides and issue a revised Independence Allowance assessment; if not accepted, issue a fresh decision stating non-attribution so the appellant may seek review/appeal.
11 Jan 2005
Approved medical assessments established 15% whole person impairment; statutory deduction of the prior 25% lump sum produced a balance below the 10% threshold for an independence allowance; no competent expert evidence identified any flaw in the assessments and the non-use of an inclinometer did not invalidate the assessments; therefore the respondent’s decision to decline the independence allowance must be upheld.
31 Jul 2000
The appeal was dismissed because the assessor certified an AMA Guides compliant assessment showing whole person impairment below the 10% threshold and the appellant produced no supporting medical evidence (for example thoracic x‑rays) to rebut that assessment; absent such evidence the court will not overturn the assessor's certified conclusion.
5 Jul 2000
The assessor's AMA Guides-based Whole Person Impairment rating of 8% is accepted as uncontradicted medical evidence and, being below the statutory 10% threshold required by the Accident Insurance Act 1998, the appellant is not entitled to an Independence Allowance; appeal dismissed.
3 Mar 1999
The appeal is dismissed because the appointed assessor applied the AMA Guides and the Independence Allowance Regulations correctly, producing a net whole person impairment of 2% (below the 10% statutory threshold), and the Court will not overturn a properly made medical assessment.