New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Transferable skills assessment

Legal area

Court

15 Jun 2015

Stewart v Accident Compensation Corporation

Citation

[2015] NZACC 147
Court

District Court

The Court held ACC's decision and the Reviewer's decision were wrong because the occupational and medical assessments accepted by ACC did not reliably establish that Mr Stewart had the requisite transferable skills and could medically sustain fulltime (35+ hours) employment in the identified jobs given his chronic regional pain syndrome and daily pacing regime; accordingly Mr Stewart was not vocationally independent as of the ACC decision date and ACC's decision and the review were quashed and entitlements reinstated.
10 Nov 2005

Ajodani v Accident Compensation Corporation

Citation

[2005] NZACC 342
Court

District Court

The occupational assessment complied with statutory requirements and adequately reviewed rehabilitation; the assessor reasonably identified transferable skills matching the production clerk role; the appellant failed to prove, on the balance of probabilities, that he lacked vocational independence; therefore the ACC decision of 29 September 2003 finding vocational independence as a production clerk is upheld and the appeal is dismissed.