8 Apr 2011
Buchanan v Accident Compensation Corporation
- Citation
- [2011] NZACC 116
- Court
- District Court
The Occupational Assessment was materially flawed because it did not satisfy the mandatory requirement of Clause 25(1A) to account for the claimant's pre-incapacity earnings; given the claimant's age and limited prospects of regaining pre-injury income, the earnings disparity meant the identified work-types were not 'reasonably suitable', therefore the medical assessment founded on that occupational assessment could not support a determination of vocational independence and the determination was quashed.