New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Medical assessment and apportionment

Legal area

Court

12 Jun 2015

AB v Accident Compensation Corporation

Citation

[2015] NZACC 143
Court

District Court

No question of law was established because the single payment is a transactional offer not a statutory entitlement, the Corporation may lawfully require reassessment as a condition for such an offer, and the Court cannot substitute specialist medical impairment assessments; accordingly leave to appeal was dismissed.
21 Apr 2008

Pearce v Accident Compensation Corporation

Citation

[2008] NZACC 82
Court

District Court

The Court accepted Dr Tanner's assessment as consistent with the majority of specialist opinions and found Dr Newburn's provisional PTSD diagnosis unsupported by DSM IV criteria or corroboration; therefore the 10% combined WPI (5% mental, 5% knee) stands, and under Clause 63(e) any increased independence allowance commences from the first quarterly payment after reassessment (22 August 2006) and cannot be backdated to 1999.