New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S72 claimant responsibilities

Legal area

Court

25 Feb 2016

Slight v Accident Compensation Corporation

Citation

[2016] NZACC 40
Court

District Court

The appellant's messages and conduct to the practitioner’s practice caused the VIMA appointment to be cancelled; that conduct constituted a failure to undergo assessment in breach of s72 and amounted to an unreasonable refusal under s117(3), so the Corporation had reasonable grounds to suspend weekly entitlements; appeal dismissed.
5 Aug 2009

O'Malley-Scott v Accident Compensation Corporation

Citation

[2009] NZACC 135
Court

District Court

The specified-assessor requirement on 8 August 2008 was not a reasonable requirement in the particular circumstances because the accredited employer/Aon did not adequately inform, listen to, or consider the appellant's concerns and failed to adopt reasonable administrative practice consistent with the Code and ACC best practice; therefore the suspension under s117(3) was unreasonable and entitlements must be restored from the date of declination.