New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Nearest provider requirement

Legal area

Court

18 Jun 2007

TLP v Accident Compensation Corporation

Citation

[2007] NZACC 121
Court

District Court

Regulation 8(2)(a) limits payment to travel to the nearest provider able to give the required rehabilitation; there was no evidence Dr Carl uniquely provided services unavailable in Rotorua, so extra mileage via Napier was not payable and the respondent's decision to limit reimbursement to direct Rotorua–Wellington travel was correct.
9 Feb 2004

Accident Compensation Corporation v Gill

Citation

[2004] NZACC 10
Court

District Court

The court held the respondent was entitled to reimbursement of transport costs under Regulation 8 because she established that Dr Ewer at Mapua provides the particular rehabilitation she requires and the appellant failed to provide evidence that a nearer practitioner in Richmond could provide equivalent treatment; Regulation 17 was not applicable and the Reviewer's decision was upheld for different reasons.