17 Jan 2011
Dr Turner’s vocational independence medical assessment was thorough, addressed the appellant's pain and functional limits, and subsequent medical reports did not establish a medical reason that would prevent the appellant from performing appropriate sedentary to light jobs for 35 hours per week; therefore ACC’s determination of vocational independence was correct and must be upheld.
11 Apr 2006
The Court held that ACC did not owe an obligation to initiate or fund arthrodesis where the claimant did not seek it and medical opinion did not establish it as necessary to restore work capacity; the failure to notify review rights in the 2002 IRP did not have a significant practical consequence and did not invalidate the subsequent vocational independence assessment; literacy was not shown to be a material defect; occupational and medical assessments were not shown to be manifestly flawed; and timing of delivery of assessments and decision did not breach statutory or natural justice require…
11 Jul 2000
The Court accepted the specific WCAP medical assessment that evaluated individual job options and found the appellant capable of work of 30+ hours per week, and found the appellant had repeatedly refused vocational rehabilitation; given those facts and the appellant's age and circumstances the respondent lawfully determined the appellant had a capacity for work and the determination was to be confirmed.