New Zealand Case Law: Decisions & Judgments

Topic

Vocational rehabilitation completion

Legal area

Court

1 Feb 2018

Baynes v Accident Compensation Corporation (Vocational Independence)

Citation

[2018] NZACC 16
Court

District Court

Because material elements of the individual rehabilitation plans (alternative duties and psychological treatment) were continuing when the vocational independence process commenced, and the case manager's certification of completion was manifestly incorrect, the vocational independence process was fatally flawed; the decision finding vocational independence was set aside and the appellant entitled to resumption of weekly compensation from 26 February 2010.
17 Jun 2005

Bell v Accident Compensation Corporation

Citation

[2005] NZACC 179
Court

District Court

Rehabilitation objectives in the IRP were achieved and referral was not premature; the occupational assessor permissibly identified specific sales subcategories based on the appellant's skills and experience; the medical assessor conducted a thorough assessment, considered solvent exposure and fatigue and relied on medical panel findings, and absent clear compelling evidence to the contrary the decision that the appellant had capacity for work in four identified job types (30+ hours/week) was correct; appeal dismissed.
18 Feb 2000

Tait v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[2000] NZACC 27
Court

District Court

The Court found the respondent complied with the s50 Procedure, the appellant had completed vocational rehabilitation to the extent reasonably attainable (demonstrated by obtaining and maintaining full‑time work), the goal of restoring pre‑injury remuneration was unrealistic and outside reasonable and cost‑effective rehabilitation under s23, therefore the s51 work capacity assessment and resulting cessation decision were correct.

New Zealand Case Law

Baynes v Accident Compensation Corporation (Vocational Independence)

Bell v Accident Compensation Corporation

Tait v Accident Rehabilitation and Compensation Insurance Corporation