8 Feb 2012
The Court held ACC properly finalised both IRPs after giving the appellant reasonable notice and time; the appellant failed to prove on the balance of probabilities that the IRPs were unreasonable or inappropriate given the medical evidence and the alleged misdescription (including a purported crush fracture) did not render the plans unreasonable, therefore both appeals are dismissed.
18 May 2007
Where rehabilitation has stalled and the claimant is uncooperative, the Corporation may lawfully finalise an IRP and require further initial assessments; claimants must cooperate with assessments and cannot prevent the statutory IRP process, and the Reviewer did not err in dismissing the review or declining to reconvene the oral hearing absent proper grounds for adjournment.
10 Mar 2006
The Court held that the respondent properly finalised the 2 April 2002 IRP under the statutory scheme: IRPs are statutory, not contractual; the 2002 IRP aligned with the purpose in s80; required IOA/IMA assessments were appropriate and lawful; earlier IRPs were superseded by later modifications; no specific provision of the finalised IRP was unreasonable, so the decision of 26 April 2002 was lawful and reasonable and the appeal was dismissed.
16 Feb 2004
The court held the updated IRP was properly finalised after a reasonable time; the second IOA and IMA were valid assessments conducted pursuant to ss85-96, were not biased or procedurally unfair, did not amount to vocational independence assessments requiring s110 notice, and the IRP as finalised was reasonable and must be implemented.