19 May 2009
Barrett v Accident Compensation Corporation
- Citation
- [2009] NZACC 83
- Court
- District Court
The Court found that, although assessors trained by ACC in the AMA Guides are presumed competent and independent, the specialist opinions of a neuropsychiatrist and psychiatrist demonstrated probable material omissions and misapplications in the assessor's Chapter 4 traumatic brain injury assessment; those deficiencies amounted to clear and cogent evidence of a material flaw, warranting setting aside the respondent's decision and quashing the Reviewer’s decision and remitting for review, preferably by a psychiatrist trained in use of the Guides.