17 Jun 2005
Saggers v Accident Compensation Corporation
- Citation
- [2005] NZACC 181
- Court
- District Court
The appellant's refusal to undertake the proposed psychological counselling was not objectively unreasonable given the counselling's limited aims (sleep/depression), the IRP acknowledged vocational rehabilitation was unlikely, and the case manager failed to consult and communicate; therefore ACC's exercise of discretion under s117(3) to cease entitlements was an inappropriate and unreasonable exercise of power and must be quashed with restoration of withheld entitlements and an award of costs.