5 Nov 2012
DR v Accident Compensation Corporation
- Citation
- [2012] NZACC 361
- Court
- District Court
The vocational independence decision was quashed because the medical assessment underpinning it was made without all relevant medical reports as required by Schedule 1 clause 28(2); given the appellant's age, lengthy history of incapacity, long absence from work and specialist advice recommending a graduated part-time return, it was not lawful to conclude she could work 35 hours per week; consequently the respondent's determination could not be sustained.