12 Sept 1996
Whare v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1996] NZACC 80
- Court
- District Court
Failure to determine the review within three months entitled the appellant to treat the review as determined in her favour under s.90(9), resulting in reinstatement of cover; that deemed determination did not automatically confer specific items of relief such as earnings related compensation which require separate decision-making supported by adequate medical evidence, and the claim for earnings related compensation is remitted to the respondent to obtain a full medical report on work capacity and to reconsider the claim.