28 Feb 2014
Drake v Accident Compensation Corporation
- Citation
- [2014] NZACC 45
- Court
- District Court
The VIMA was flawed because it failed to adequately take into account the appellant's persistent fatigue and associated depressive symptoms, failed to explain how part-time demonstrated capacity (20–25 hours) translated to 35+ hours, and omitted sufficient inquiry into deterioration and sustainability; employer evidence and rehabilitation records supported that the appellant could not sustain 35+ hours in the identified work types, therefore the respondent's vocational independence decision was incorrect and was quashed with weekly compensation reinstated.