New Zealand Case Law: Decisions & Judgments

Topic

Medical assessment reliability

Legal area

Court

21 Sept 2017

Twomey v Accident Compensation Corporation (Suspension of Entitlements)

Citation

[2017] NZACC 118
Court

District Court

The Court found that at the time of the Corporation's 15 November 2011 decision there was not a sufficient evidential basis to be 'not satisfied' that Mr Twomey was no longer entitled to continuing entitlements and, having regard to all evidence before the Court, the suspension decision was incorrect; accordingly the appeal was allowed, the suspension decision quashed and the review decision set aside.
31 Jul 2013

Butler v Accident Compensation Corporation

Citation

[2013] NZACC 228
Court

District Court

Dr Waite's medical assessment was rejected as unreliable because it was conducted in an inadequately short time and initially relied on a 30‑hour basis without explanation for treating it as 35 hours; the detailed and reasoned contrary medical opinions of Dr Berry and Dr Rajapaksha were preferred, so the respondent's decision that the appellant attained vocational independence was overturned and weekly compensation reinstated.
30 Oct 2009

Brown v Accident Compensation Corporation

Citation

[2009] NZACC 190
Court

District Court

ACC proceeded to a vocational independence assessment and determined vocational independence while an agreed and material element of the IRP (basic computer training) remained uncompleted; this breached s112(3) because the Corporation was still liable to provide that rehabilitation and the omission was material to the appellant's ability to obtain suitable sedentary employment; accordingly the review decision was quashed and the vocational independence determination set aside.
11 Dec 2007

Storer v Accident Compensation Corporation

Citation

[2007] NZACC 260
Court

District Court

The authorised medical assessor's opinion (Dr Marshall) was not shown to be clearly and cogently flawed by specialist evidence; his explanation that the required repetitive tasks were non-loaded and would not exacerbate the cervical nerve condition was adequate, therefore the PPCS decision that the appellant attained Vocational Independence is upheld and the appeal is dismissed.

New Zealand Case Law

Twomey v Accident Compensation Corporation (Suspension of Entitlements)

Butler v Accident Compensation Corporation

Brown v Accident Compensation Corporation

Storer v Accident Compensation Corporation