New Zealand Case Law: Decisions & Judgments

Topic

Work capacity assessment procedure (wcap)

Legal area

Court

13 Jul 2001

Nisbet v Accident Compensation Corporation

Citation

[2001] NZACC 184
Court

District Court

The respondent had provided substantial, long-term rehabilitation; the WCAP Procedure was properly invoked and a minor omission (unsigned WCAP7) was not a fundamental flaw; vocational and medical assessments on balance established the appellant had capacity for 30+ hours per week in the identified occupations (reporter/writer/photographer/conservation work); psychological factors explained the appellant's unwillingness to accept capacity; therefore the review decision upholding ACC's determination was correct and the appeal is dismissed.
10 Jul 2001

Tibbles v Accident Compensation Corporation

Citation

[2001] NZACC 174
Court

District Court

On the balance of probabilities the appellant has the capacity for work in suitable occupations (taxi-driver and transport clerk) for at least 30 hours per week; the WCAP was properly applied, any initial omission of prior specialist reports did not alter the medical conclusions, vocational rehabilitation and treatment were adequate, and there was no denial of natural justice; appeal dismissed.
21 Mar 2001

Alsig v Accident Compensation Corporation

Citation

[2001] NZACC 54
Court

District Court

The Court held the work capacity certification that the appellant could work as a fitness instructor was invalid: the medical assessment failed to comply with s100(2) of the 1998 Act and, on the facts, the occupational/medical assessments produced a demonstrable and material flaw (manifest absurdity) by certifying suitability inconsistent with the appellant's extensive non-covered medical conditions; accordingly the respondent's decision was set aside.
30 Jan 2001

Ramsay v Accident Compensation Corporation

Citation

[2001] NZACC 14
Court

District Court

The court found that the Work Capacity Assessment Procedure had been commenced under the 1992 Act and should be completed under that Act; the medical evidence (GP and Professor Burry), together with reasonable doubt about the appellant's capacity to work 30 hours per week in the positions identified by the assessor, meant the decision to cease weekly compensation was unsafe. Accordingly the decision to cease weekly compensation was revoked and payments reinstated from the date of cessation; any further assessment must be by assessors not previously involved.
22 Nov 2000

Knol v Accident Compensation Corporation

Citation

[2000] NZACC 314
Court

District Court

Although the occupational assessment was conducted with some haste and the assessor conceded she did not specifically put the final job options to the appellant, there was no substantive or material non-compliance with the WCAP or breach of natural justice. The appellant had a reasonable opportunity to make his case, medical evidence supported capacity for light work, and therefore the WCAP assessment was valid and the decision that the appellant had a capacity for work stands.
30 Oct 2000

Hay v Accident Compensation Corporation

Citation

[2000] NZACC 292
Court

District Court

The respondent properly completed the required rehabilitation and followed the published WCAP process; the vocational and medical assessors conducted adequate specialist assessments and reasonably concluded the appellant had capacity for sedentary work of at least 30 hours per week; procedural complaints and additional medical reports did not provide cogent evidence to displace those findings; therefore cessation of weekly compensation was lawful and the appeal is dismissed.
11 Jul 2000

Reinke v Accident Compensation Corporation

Citation

[2000] NZACC 166
Court

District Court

The Court accepted the specific WCAP medical assessment that evaluated individual job options and found the appellant capable of work of 30+ hours per week, and found the appellant had repeatedly refused vocational rehabilitation; given those facts and the appellant's age and circumstances the respondent lawfully determined the appellant had a capacity for work and the determination was to be confirmed.
5 Jul 2000

Landreth v Accident Compensation Corporation

Citation

[2000] NZACC 156
Court

District Court

The court found the Work Capacity Assessment Procedure was properly conducted and any procedural defects were not of sufficient magnitude to invalidate the assessments; the occupational and medical assessors identified work the appellant could perform for 30 hours per week; the appellant had been afforded and participated in vocational rehabilitation; therefore ACC's decision that the appellant had capacity for work was upheld, subject to an agreed small compensation concession.
6 Aug 1999

McPherson v Accident Compensation Corporation

Citation

[1999] NZACC 216
Court

District Court

The Court found the respondent had carried out the gazetted WCAP procedure after reasonable vocational rehabilitation, that the occupational and medical assessments (Dr Hyde and Dr Friedman) validly identified suitable work (conservation shop duties, hardware assistant with allowances, veterinary/kennel assistant without heavy lifting), and therefore the respondent correctly assessed the appellant as having a capacity for work under s51(2); the decision of 19 November 1998 was confirmed and the appeal dismissed.