New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Chronic pain and work capacity

Legal area

Court

11 Dec 2007

Storer v Accident Compensation Corporation

Citation

[2007] NZACC 260
Court

District Court

The authorised medical assessor's opinion (Dr Marshall) was not shown to be clearly and cogently flawed by specialist evidence; his explanation that the required repetitive tasks were non-loaded and would not exacerbate the cervical nerve condition was adequate, therefore the PPCS decision that the appellant attained Vocational Independence is upheld and the appeal is dismissed.
31 May 2006

Downes v Accident Compensation Corporation

Citation

[2006] NZACC 136
Court

District Court

The Court accepted Dr Wright's medical assessment as not flawed: despite chronic pain and left‑hand impairment the appellant is right‑hand dominant, can perform intermittent lifting primarily with the right hand, and can operate a taxi (typically automatic) for 35 or more hours per week; there were no outstanding treatment requirements at the time of the assessment, so the respondent's determination of Vocational Independence for Taxi Driver stands.