New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Completion of vocational rehabilitation

  • 3 Oct 2017

    Y v Accident Compensation Corporation (Vocational Independence)

    Citation
    [2017] NZACC 119
    Court
    District Court

    The Court concluded the Corporation validly assessed vocational independence: vocational rehabilitation required by the IRP had been completed, a quality check and medical opinion supported capacity for 30 hours/week, the VIMA adequately considered pain and medication and no contrary medical evidence was produced; therefore the decision of 10 April 2012 that the appellant had achieved vocational independence was upheld and the appeal dismissed.

    • Vocational independence assessment
    • Completion of vocational rehabilitation
    • Medical suitability for work
    • Effect of pain and medication on work capacity

  • 23 Aug 2013

    Brown v Accident Compensation Corporation

    Citation
    [2013] NZACC 264
    Court
    District Court

    The bus licence P endorsement was a substantive part of the appellant's comprehensive vocational rehabilitation as recorded in the IRP and was a liability of ACC; therefore under s110(3) ACC could not lawfully require participation in vocational independence assessment until that rehabilitation was completed. An IRP provision stating the course was "not dependent" on the vocational independence process was ineffective to displace the statutory requirement. The vocational independence decision was invalid and must be set aside.

    • Vocational independence
    • Individual rehabilitation plan
    • Completion of vocational rehabilitation
    • Statutory preconditions to assessment

  • 30 Oct 2009

    Brown v Accident Compensation Corporation

    Citation
    [2009] NZACC 190
    Court
    District Court

    ACC proceeded to a vocational independence assessment and determined vocational independence while an agreed and material element of the IRP (basic computer training) remained uncompleted; this breached s112(3) because the Corporation was still liable to provide that rehabilitation and the omission was material to the appellant's ability to obtain suitable sedentary employment; accordingly the review decision was quashed and the vocational independence determination set aside.

    • Vocational independence
    • Individual rehabilitation plan (irp) compliance
    • Completion of vocational rehabilitation
    • Work trial assessment
    • Medical assessment reliability

  • 17 Jan 2007

    Dekker v Accident Compensation Corporation

    Citation
    [2007] NZACC 10
    Court
    District Court

    ACC was entitled to require a work capacity assessment after the IRP was complete even if the IRP had been limited for cost‑effectiveness; however, because vocational rehabilitation had been limited by agreement and the appellant had no targeted training or work trials, substantial doubt existed about the assessor's matching of the appellant's actual skills to the three identified occupations; the occupational assessment was therefore flawed and must be set aside.

    • Work capacity assessment
    • Individual rehabilitation plan
    • Occupational assessment
    • Completion of vocational rehabilitation
    • Statutory interpretation
    • Evidence and review of administrative determinations