New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Individual rehabilitation plan finalisation

Legal area

Court

23 Jan 2007

Waby v Accident Compensation Corporation

Citation

[2006] NZACC 254
Court

District Court

The finalisation was unreasonable because ACC failed to satisfactorily address the appellant's reasonable requests (notably the inclusion of his covered injuries and provision of technical information), engaged in confusing and unhelpful correspondence (including misuse of the term 'expired'), and finalised the IRP prematurely within the 14-day period without considering the appellant's timely reply; accordingly the review decision is quashed and the ACC decision of 6 March 2006 to finalise the IRP is set aside.
9 Aug 2004

Gedye v Accident Compensation Corporation

Citation

[2004] NZACC 230
Court

District Court

Although the respondent was entitled to require the occupational assessment, the appellant's refusal to attend was not unreasonable on the facts because she acted on the advice of her advocate during a live dispute over whether rehabilitation was complete and the IRP finalised; accordingly the respondent's decision to suspend entitlements was set aside and the appeal allowed.