New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Medical assessment of fitness for work

  • 4 Oct 2016

    Gordon v Accident Compensation Corporation

    Citation
    [2016] NZACC 280
    Court
    District Court

    The reviewer and medical assessors gave comprehensive, contemporaneous consideration to the appellant’s pain, medication and functional limitations; the weight of specialist medical evidence supporting capacity to sustain 30+ hours in the identified sedentary/light work types outweighed the GP’s restrictive opinion; vocational rehabilitation and work trial were sufficient for VI purposes and the late introduction of neuropsychological diagnosis of a mental injury was not appropriate on appeal and lacked the evidential basis to overturn the VI decision; accordingly the reviewer’s decision was…

    • Vocational independence
    • Rehabilitation
    • Work trial adequacy
    • Medical assessment of fitness for work
    • Chronic pain
    • Medication cognitive effects

  • 18 Sept 2013

    MacPherson v Accident Compensation Corporation

    Citation
    [2013] NZACC 303
    Court
    District Court

    Dr Marshall's medical assessment adequately accounted for the appellant's pain (including fibromyalgia) and concluded she could perform 30+ hours per week in a number of identified work-types; no specific medical evidence persuasively rebutted that conclusion or assessed individual work-type requirements, therefore on the balance of probabilities the primary decision that the appellant had attained vocational independence was correct.

    • Vocational independence
    • Work capacity assessment
    • Medical assessment of fitness for work
    • Onus of proof

  • 3 Oct 2001

    Prasad v Accident Compensation Corporation

    Citation
    [2001] NZACC 282
    Court
    District Court

    The Court held the insurer properly determined the appellant had a capacity for work as a gatekeeper: the insurer had provided the vocational rehabilitation it was liable to provide under s89(3); the notice requirements of s93(2) were met in substance by the combination of the case manager's letter and the provided fact sheet and satisfied the statutory purpose; and the medical and occupational assessments, with non-injury conditions excluded under s15(2)(a), supported the finding that the appellant could perform the gatekeeper role, so the reviewer's confirmation and insurer's determination…

    • Work capacity assessment
    • Vocational rehabilitation
    • Statutory notice requirements
    • Medical assessment of fitness for work
    • Interpretation of statutory provisions

  • 12 Jan 2001

    Dunlop v Accident Compensation Corporation

    Citation
    [2001] NZACC 1
    Court
    District Court

    The ACC decision was upheld because the Occupational and Medical Assessors properly identified realistic, transferable jobs the appellant could perform, the vocational rehabilitation provided was adequate, the WCAP documentation was sufficiently specific for medical assessment, there was no breach of natural justice, and under the Act full-time capacity is measured at 30 hours per week.

    • Capacity to work
    • Adequacy of vocational rehabilitation
    • Procedural fairness (natural justice)
    • Medical assessment of fitness for work
    • Definition of full-time employment