11 Sept 2006
The District Court upheld the respondent's decision confirming the November 2004 assessment (127 hours 40 minutes/week) as reasonable and within the respondent's discretion; absent clear and cogent contrary evidence the court will not substitute its view, therefore the appeal is dismissed.
23 Feb 2006
The Reviewer’s confirmation of contracted provider rates was correct on the evidence before the court and AI 585/04 is dismissed; however the 5 January 2005 allocation of attendant care hours was set aside because ACC relied on an assessment that failed to address a crucial consideration (practical rostering to meet Level 2 needs), therefore the prior arrangement of 12 hours at the Level 2 rate remains effective until an adequate reassessment; ACC must calculate back payments and claimant is entitled to reasonable disbursements.
1 Dec 2000
The respondent's decision was quashed because it failed to properly exercise its discretion by not considering entitlement to 24-hour paid personal care including remuneration for the wife's night sleepover and by not taking adequate account of specialist advice (Burwood Spinal Clinic); the matter is remitted to ACC for fresh assessment expressly taking into account full 24-hour care and Burwood Clinic input, with any assessed sums backdated to July 1996.