New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Wpi assessment

Legal area

Court

14 Oct 2014

McTaggart v Accident Compensation Corporation

Citation

[2014] NZACC 258
Court

District Court

Because no competing expert opinion was produced and the assessor's report was shown to apply the AMA Guides and the ACC User Handbook with confirmation by peer review, the Court concluded the 26% WPI rating was properly calculated in accordance with Schedule 1 and the Act and dismissed the appeal.
19 Apr 2012

Blundell v Accident Compensation Corporation

Citation

[2012] NZACC 136
Court

District Court

Section 377 requires deduction of the applicant's 45% pre‑1 July 1999 provision so any WPI would need to reach at least 55% to create further entitlement; the applicant's WPI (11% originally, 8% on peer review) is insufficient; clause 52 of Schedule 1 prevents additional weekly payments due to the timing of the qualifying events; therefore neither ACC nor the Court can lawfully grant the relief sought.