19 Sept 2013
JONES v ACCIDENT COMPENSATION CORPORATION [2013] NZHC 2458
- Citation
- [2013] NZHC 2458
- Court
- High Court
The District Court's finding that the appellant was not incapacitated from October 1992 to February 1994 was contrary to the evidence because the judge failed to take into account contemporaneous radiology reports and the GP's statements recording ongoing pain; additionally the judge erred in treating 'soldiering on' as a legal bar to incapacity. The review decision is quashed and ACC must reassess compensation, which ought to have been $367.93 per week.