New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Reassessment of impairment

Legal area

Court

21 May 2009

Carrington v Accident Compensation Corporation

Citation

[2009] NZACC 94
Court

District Court

The appeal was dismissed under s161 of the Injury Prevention, Rehabilitation and Compensation Act 2001 because the appellant repeatedly failed to comply with directions and took no active steps to prosecute the appeal despite leniency and opportunities to do so; dismissal does not extinguish the statutory right to apply for reassessment under Clause 61 of Schedule 1 to the Accident Insurance Act 1998.
1 May 2008

Blokker v Accident Compensation Corporation

Citation

[2008] NZACC 98
Court

District Court

The court found on the facts that the appellant's back injury was a covered injury that was part of the June 2000 assessment; accordingly deterioration of that back injury falls within s109(2)(b) and the respondent's decision of 9 March 2007 was unlawful. The respondent's decision was quashed and substituted with a determination that the appellant was no longer vocationally independent effective 4 September 2006, with s113 entitlements reinstated.