27 Aug 2004
JS v Accident Compensation Corporation
- Citation
- [2004] NZACC 257
- Court
- District Court
The Court found the respondent's decision unsustainable because Dr Reeves' report was effectively a peer review dependent on a previously discredited report and lacked direct assessment; Dr Wisely's conclusion that no deduction was required because the appellant's pre-injury functioning was normal was accepted; given the appellant could not undergo further assessment the Court lawfully substituted its own impairment finding, fixing whole person impairment at 53% with no deduction.