11 Oct 2012
Simmonds v Accident Compensation Corporation
- Citation
- [2012] NZACC 342
- Court
- District Court
Judge preferred the weight of the multidisciplinary medical, occupational and FCE evidence (notably Dr Marshall and prior assessors) over Dr Xiong's opinion, found rehabilitation under the IRP was substantially complete and that the barrier to full-time work was primarily pain belief/lack of confidence rather than an unremediable biomedical incapacity; accordingly the VIMA and ACC decision of 22 March 2011 were valid and the appeal must be dismissed.