29 Feb 2016
As at the date of the VIMA the preponderance of medical evidence supported Dr Antoniadis' conclusions that the appellant had capacity for the identified work types; the appellant failed to establish that none of those work types were sustainable and therefore the appeal dismissing overturning of the respondent's vocational independence determination fails.
3 Aug 2007
The court held that the Medical Assessor's approval of Technical Sales Representative was fatally inconsistent because he excluded roles involving heavy and repetitive arm use but gave no explanation for accepting a role involving heavy use without repetition; that omission rendered the medical assessment unreliable. The court also held that the Occupational Assessor's finding that the appellant possessed sufficient computer skills for Buyer/Purchasing Officer was unsupported by cogent evidence (only attendance certificates for a four-day basic course and no demonstrated competence). Because…