11 Apr 2006
Wildbore v Accident Compensation Corporation
- Citation
- [2006] NZACC 94
- Court
- District Court
The Court upheld the reviewer and ACC because the VIMA by Dr Kerr was not shown to be flawed; Dr Kerr adequately considered the claimant’s pain and endurance, his conclusions were corroborated by treating specialists (Dr Bentley and Dr Swan) and by work‑trial reports, and the appellant failed to discharge the onus of demonstrating the assessor’s opinion was wrong; therefore ACC correctly ceased weekly compensation as the claimant was vocationally independent in the nominated occupations able to be performed 35 hours/week.