7 May 2019
Because the appellant produced no clear and cogent evidence nor alternative expert opinion to show a flaw in the assessor's application of the AMA Guides, the assessor's 0% WPI assessment stood and the appeal had no prospect of success and was struck out.
22 Feb 2019
Medical evidence established that the claimant's ongoing right arm restrictions and symptoms are not caused by the PICC line related cephalic vein thrombosis; the claimant failed to prove on the balance of probabilities that the covered treatment injury caused a whole person impairment, therefore no lump sum entitlement arises and the ACC decision declining lump sum compensation is upheld.
21 Feb 2018
No identifiable flaw or compelling expert contrary opinion was established in relation to the assessors' WPI reports; the amended and peer-reviewed WPI figures (7%-8%) fall below the 10% statutory threshold for lump sum compensation, so the Corporation's decisions were correct and the appeal is dismissed; the Corporation validly exercised s65 to revoke and substitute its earlier decision.
26 Jul 2017
The 2010 impairment assessment by Dr Cheesman was flawed because it was founded on an uncertain factual matrix regarding the scope of cover for the May 1986 injury (and the relationship of subsequent surgeries to that cover), which undermined the apportionment analysis; accordingly the 2010 decision is set aside and the Corporation is directed to determine the scope of the 1986 cover and whether the later lumbar fusion addressed a traumatic fracture or consequences of earlier surgery before reassessing entitlement.
25 Jul 2017
The appellant failed to prove on the balance of probabilities that Dr Schousboe's assessment was materially flawed; the assessor applied the AMA Guides and ACC User Handbook, the peer reviewer credibly explained differences with earlier assessments, and no credible expert evidence established error, therefore the WPI of 31% stands and the appeal is dismissed.
12 Apr 2017
The independent psychiatric report established that the appellant does not suffer a mental injury causally linked to the covered ankle injury (mental condition is alcohol dependence predating the injury), therefore the Corporation's decision declining mental injury cover was correct and the appeal is dismissed.
30 Nov 2016
The assessor's rating was performed pursuant to the statutory scheme (Schedule 1 clauses 57 and 59 and Regulation 4), used AMA4 and the ACC Handbook, and reasonably apportioned 10% to non-accident coronary disease based on cardiology reports; absent contrary specialist medical evidence the Court will not overturn the assessment, so the appeal is dismissed.
14 Oct 2016
The appeal is dismissed because the appellant failed to establish on the balance of probabilities that Dr Bailey's WPI assessment was flawed; the assessment was properly conducted, peer reviewed and the Reddy letter did not provide cogent expert evidence to overturn the 4% WPI.
19 Apr 2016
Where an ACC accredited assessor has produced an AMA-guides-based impairment assessment, the assessment must stand unless the appellant furnishes clear and cogent evidence demonstrating a flaw or overlooked material factor; the appellant failed to do so and the assessment of 6% whole person impairment was accepted.
7 Dec 2015
The appellant failed to provide any medical evidence that contradicted or undermined the respondent's appointed assessor; Dr Milne's assessment that the accident did not cause a compensable impairment (0% WPI) stood unchallenged, therefore the review decision upholding denial of lump sum compensation was correctly affirmed and the appeal dismissed.