6 Dec 2018
Miller v Accident Compensation Corporation (Entitlements)
- Citation
- [2018] NZACC 190
- Court
- District Court
The Court found ACC's 2010 suspension procedure was flawed (non-compliance with s117(2) and inadequate investigation of employer/actual pre-injury duties), the conciliation process improperly extinguished review rights, and on a robust view of the totality of medical and contemporaneous evidence the appellant had capacity until his last day of work but became incapacitated on 25 May 2012; therefore ACC's decision denying reinstatement from 2010 was set aside and the reviewer decision quashed.