23 Oct 2009
Pitcher v Accident Compensation Corporation
- Citation
- [2009] NZACC 184
- Court
- District Court
The District Court quashed the respondent's vocational independence decision because the Occupational Assessor failed to take into account a recent failed grader work trial and overstated prior experience, and the Medical Assessment was not objectively valid—it failed to address evidence of constant jolting/jarring, discounted an expert assessor's safety concerns, and was improperly amended without re-examination—therefore the determinations that the claimant could sustain full-time machine-operating work were unsafe and unsustainable.