10 Dec 2003
Gabites v Accident Compensation Corporation
- Citation
- [2003] NZACC 321
- Court
- District Court
The court accepted the medical assessor’s use of the 1995 audiogram as the reading closest to exposure cessation to exclude later presbycusis-related deterioration, accepted the 5% tinnitus allowance as correctly applied and as constrained by the ACC User Handbook/Regulations, and found no expert evidence to overturn the assessor’s 6% whole person impairment assessment; therefore the appellant did not meet the 10% threshold for an independence allowance.