New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Review of assessment

Legal area

Court

18 May 2011

Ryder v Accident Compensation Corporation

Citation

[2011] NZACC 150
Court

District Court

The assessment by the appointed assessor complied with the statutory methodology (AMA4 and ACC User Handbook), was supported by peer review, and there was no clear and compelling medical evidence demonstrating error; because the assessed impairment was below the statutory 10% threshold for lump sum payment, the appeal was dismissed.
9 Mar 1998

Sims v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 37
Court

District Court

The appeal is dismissed because the plain meaning of s54(5) fixes commencement at the date of assessment (or 13 weeks after injury whichever later) and s54(6) does not apply where the appellant did not apply and the delay was not shown to be a failure of the respondent's administration; there is no duty on the Corporation to ensure claimants are aware of every entitlement sufficient to trigger s54(6).