New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Choice of medical assessor

  • 5 Aug 2009

    O'Malley-Scott v Accident Compensation Corporation

    Citation
    [2009] NZACC 135
    Court
    District Court

    The specified-assessor requirement on 8 August 2008 was not a reasonable requirement in the particular circumstances because the accredited employer/Aon did not adequately inform, listen to, or consider the appellant's concerns and failed to adopt reasonable administrative practice consistent with the Code and ACC best practice; therefore the suspension under s117(3) was unreasonable and entitlements must be restored from the date of declination.

    • S72 claimant responsibilities
    • S117 suspension of entitlements
    • Code of acc claimants' rights
    • Choice of medical assessor
    • Reasonableness of insurer actions

  • 8 Nov 2006

    Newman v Accident Compensation Corporation

    Citation
    [2006] NZACC 277
    Court
    District Court

    Where a claimant unreasonably refuses to undergo a required Initial Medical Assessment, the Corporation is entitled under s117(3) to withhold weekly compensation; the obligation to submit to IOA/IMA is a non‑negotiable prerequisite to determining vocational rehabilitation and is not itself a reviewable decision that nullifies appeal rights.

    • Initial medical assessment
    • Withholding of benefits
    • Section 117(3) iprc act
    • Vocational rehabilitation
    • Choice of medical assessor
    • Procedural fairness