5 Jan 2009
Stewart v Accident Compensation Corporation
- Citation
- [2009] NZACC 1
- Court
- District Court
On the balance of probabilities the appellant was not fit to return to his pre-injury employment on 21 November 2005 because the essential elements of that employment were repetitive heavy manual handling which he could not safely perform; contemporaneous and later medical evidence, considered in context, established ongoing incapacity and thus ACC's decision to cease weekly compensation was incorrect.