16 Sept 2008
Kelly v Accident Compensation Corporation
- Citation
- [2008] NZACC 227
- Court
- District Court
The appellant failed to prove on the balance of probabilities that he remained incapacitated from his specific pre-injury employment from 26 February 2006 because contemporaneous medical certification ceased then, the employer's workplace assessment showed no heavy or very heavy duties contrary to the restrictions in the last certificate, and retrospective medical reports could not establish an unbroken chain of incapacity; therefore the employer was entitled to decline reinstatement of weekly compensation and the appeal fails.