New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Psychological incapacity

Legal area

Court

11 Nov 2014

Percival v Accident Compensation Corporation

Citation

[2014] NZACC 307
Court

District Court

The judge found the appellant's psychological conditions objectively established that she was so affected as to be unable to consider her review rights and therefore, pursuant to s135(3)(a) of the Accident Compensation Act 2001, extenuating circumstances existed and time was extended to allow a substantive review.
5 Dec 2011

Aladeli v Accident Compensation Corporation

Citation

[2011] NZACC 349
Court

District Court

On balance the court preferred the medical evidence of Dr Nicholson (supported by Mr Don) that the appellant remained physically capable of performing the identified sedentary or light work-types full-time and that the psychological overlay identified by Dr Black did not demonstrate incapacity sufficient to negate vocational independence; therefore the ACC decision of 1 December 2009 was correct and must be affirmed.