20 Nov 1998
Barrett v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1998] NZACC 242
- Court
- District Court
At the time of the Corporation's 6 March 1995 decision the only contemporaneous specialist opinion (Mr Phillips, Jan 1995) supported a finding of fitness for work and there was no evidence then to displace that view; a later specialist report from June 1996 does not establish the appellant's physical condition as at March 1995 and therefore cannot vitiate the original decision; on the balance of probabilities the Corporation's decision was correct and properly confirmed on review.