New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Failure to cooperate

Legal area

Court

28 Sept 2012

Harris v Accident Compensation Corporation

Citation

[2012] NZACC 319
Court

District Court

The claimant's persistent obstructive conduct, repeated failures to attend scheduled vocational appointments without credible medical justification, refusal to engage constructively (including challenges to assessor qualifications), and rejection of reasonable assistance amounted to an unreasonable failure to comply with s72; accordingly under s117(3) ACC validly ceased weekly compensation and the Court will uphold that decision.
24 Sept 2012

Collier v Accident Compensation Corporation

Citation

[2012] NZACC 316
Court

District Court

On review of all evidence the Court found the balance of medical and multidisciplinary reports supported the Corporation's conclusion that the appellant was capable of 30+ hours of work in a range of light occupations; the appellant had received reasonable and extensive rehabilitation and had not demonstrated the requisite engagement or objective improvement, and the contrary expert opinion was out of step with the overall evidence; accordingly the Corporation's decision was upheld and the appeal dismissed.