New Zealand Case Law: Decisions & Judgments

Topic

Medical sustainability

Legal area

Court

30 Nov 2015

Sayer v Accident Compensation Corporation

Citation

[2015] NZACC 365
Court

District Court

Dr Marshall's VIMA provided a careful, detailed medical assessment that directly addressed the physical demands of the work types identified in the VIOA and concluded the appellant could perform those light/sedentary roles despite residual symptoms; other medical opinions focused on pre-injury work and did not assess the nominated work types, therefore the Corporation's decision of 29 November 2012 finding vocational independence was reasonable and stands.
30 Oct 2013

Pinny v Accident Compensation Corporation

Citation

[2013] NZACC 357
Court

District Court

Although the two job types were medically sustainable, the decision was legally incorrect because the appellant lacked the requisite vocational skills, confidence and training to be suited to those roles by reason of experience, education or training; therefore the reviewer’s decision was quashed, the respondent’s decision set aside and stopped entitlements must be reinstated; further vocational training should be considered before any reassessment.
12 Mar 2012

Stephens v Accident Compensation Corporation

Citation

[2012] NZACC 80
Court

District Court

The Court quashed ACC's 28 October 2010 decision because, on the medical evidence considered as at October 2010, the appellant could not be shown to sustain 30 or more hours per week in the generic work‑types without employer‑specific flexibility; therefore the appellant had not attained vocational independence and his entitlements must be reinstated.
21 Sept 2011

Velk v Accident Compensation Corporation

Citation

[2011] NZACC 271
Court

District Court

The occupational assessment failed to take into account the claimant's pre-incapacity earnings as mandated by Clause 25(1A) in force at the time of assessment, rendering the occupational assessment and the subsequent decision legally flawed; therefore the Review Decision as modified is quashed and weekly compensation must be restored.

New Zealand Case Law

Sayer v Accident Compensation Corporation

Pinny v Accident Compensation Corporation

Stephens v Accident Compensation Corporation

Velk v Accident Compensation Corporation