New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Income disparity

Legal area

Court

16 Mar 2018

Shand v Accident Compensation Corporation (Vocational Independence)

Citation

[2018] NZACC 51
Court

District Court

The appeal was dismissed as moot because the Corporation had reinstated weekly compensation (backdated to 14 October 2016) eliminating any live controversy; additionally, the Court found no flaw in the 2016 occupational or medical assessments and accepted that clause 25 gives assessors discretion to consider pre-incapacity earnings but does not mandate equivalence to pre-injury income.
16 Jun 2017

Ryland v Accident Compensation Corporation (Vocational Independence)

Citation

[2017] NZACC 66
Court

District Court

The VIMA complied with clause 28(1)(d) because the assessor reviewed and took into account the VIOA (and later explained the inadvertent use of IOA work sheets) and, on review of the evidence, three work types (Warehouse Administrator, Production Coordinator and Sales Assistant (Recreational and Sporting Goods)) were occupationally suitable such that the appellant is vocationally independent in those roles, while Dispatching and Receiving Clerk, Order Clerk and Stock Clerk were unsuitable due to lack of relevant experience or unacceptable income disparity; the appeal is dismissed.