19 Jun 2014
Section 103(2) requires incapacity to be measured against the employment in which the claimant was engaged at the time the personal injury was suffered; because the applicant was assessed as capable of performing his employment as a slaughterman at that time he was not incapacitated and the application for special leave fails.
7 Aug 2012
On the evidence as at May 2008, particularly the occupational medicine assessment of Dr Turner corroborated by functional observations of the occupational health physiotherapist, the Court found the claimant was able to engage in her pre‑injury sedentary call‑centre work (35–40 hours). Therefore the Corporation's determination to suspend weekly compensation was justified under s103 and the appeal was dismissed.
21 Oct 2011
Where the classification of a claimant's pre-injury employment is unclear after many years ACC must obtain appropriate medical and occupational advice to identify the essential skills, hours and a present‑day equivalent before making a reasonable incapacity determination under s103; a perfunctory opinion from the treating surgeon was inadequate and rendered the decision unreasonable.