New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Medical reassessment

Legal area

Court

31 Oct 2018

Purewa v Accident Compensation Corporation (Lump Sum Payment)

Citation

[2018] NZACC 171
Court

District Court

In the absence of any competing expert medical evidence and given Dr Harman expressly considered injuries from both the 2015 and 2016 incidents in assessing a 26% whole person permanent impairment, the court must accept that assessment and the resulting lump sum payment of $13,092.31 was correctly calculated and covered impairment from both incidents; the appeal is therefore dismissed.
15 Dec 2003

CB v Accident Compensation Corporation

Citation

[2003] NZACC 327
Court

District Court

The Court concluded the subsequent psychiatric evidence (Dr Davis) cogently suggested the original medical assessment may have undervalued psychiatric consequences of the injury and therefore warranted reopening the s.98 medical assessment process so that Dr Davis’ views are considered by a duly qualified assessor; no final determination was made pending that further assessment.
6 Nov 2000

Summers v Accident Compensation Corporation

Citation

[2000] NZACC 304
Court

District Court

Dr Bell's reassessment, supported by available medical records and absent any expert evidence to the contrary, validly found a 15% whole person impairment reduced by the prior 10% lump sum to 5%, which is below the 10% threshold for independence allowance entitlement; therefore the respondent's decision to terminate the allowance was correct and is confirmed.