New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Medical assessor review

  • 19 Dec 2014

    Poihegatama v Accident Compensation Corporation

    Citation
    [2014] NZACC 333
    Court
    District Court

    The assessor's report was flawed on at least one substantive ground (diagnosis and medication), therefore the Corporation's decision based on that assessment is set aside; the appropriate remedy is either reconsideration by the assessor with corrected diagnosis or reassessment by a different approved assessor as offered by ACC, with a deadline for the appellant to accept those options and, failing acceptance, a direction for reassessment by a new assessor.

    • Whole person impairment assessment
    • Medical assessor review
    • Jurisdiction to award damages
    • Settlement options

  • 12 Jun 2007

    Hall v Accident Compensation Corporation

    Citation
    [2007] NZACC 104
    Court
    District Court

    Although the procedural requirements and appointment of the medical assessor were proper and the assessor's opinion ordinarily stands, the appellant's credible evidence of intense chronic pain constituted clear and cogent evidence undermining the correctness of ACC's decision to suspend weekly compensation; the Court was not satisfied to confirm the suspension and directed further process to resolve the matter.

    • Vocational independence
    • Suspension of weekly compensation
    • Medical assessor review
    • Extension of time for appeal