New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Initial occupational and medical assessments

Legal area

Court

10 Mar 2006

White v Accident Compensation Corporation

Citation

[2006] NZACC 58
Court

District Court

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2002 IRP aligned with the purpose in s80; required IOA/IMA assessments were appropriate and lawful; earlier IRPs were superseded by later modifications; no specific provision of the finalised IRP was unreasonable, so the decision of 26 April 2002 was lawful and reasonable and the appeal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.
26 Apr 2005

McKean v Accident Compensation Corporation

Citation

[2005] NZACC 132
Court

District Court

The signing of an IRP is a reviewable decision as a matter of law; however, where the IRP only records agreement to initial assessments and contains no substantive determinations affecting entitlements, there is nothing substantive for the Court to amend or remove and the substantive challenge fails.
8 Dec 2004

Flintoff v Accident Compensation Corporation

Citation

[2004] NZACC 382
Court

District Court

Leave to appeal granted because there are serious questions of law concerning whether pre‑2002 IRPs preserved by s.372 required modification before vocational independence assessments under s.107 and whether initial occupational and medical assessments under s.77 are necessary; the medical‑timing issue is factual and not a proper question of law for leave.