New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 110(3)

Legal area

Court

1 May 2017

DONNA MICHELLE RITCHIE v ACCIDENT COMPENSATION CORPORATION [2017] NZSC 54

Citation

[2017] NZSC 54
Court

Supreme Court

Leave to appeal was refused because there was an adequate evidential basis for ACC's preliminary decision (the branch medical advisor's opinion that the claimant could likely sustain 30 hours/week), the relevant rehabilitation requirement under s 110(3)(b) is the finalised individual rehabilitation plan, and there was no appearance of a miscarriage of justice warranting further appeal or admission of post‑decision evidence.
6 Sept 2012

German v Accident Compensation Corporation

Citation

[2012] NZACC 300
Court

District Court

The Court held ACC acted reasonably in commencing vocational independence assessment because contemporaneous evidence including a full-time work trial, updated occupational and medical assessments and a favourable prognosis for surgery provided a sufficient basis to consider vocational independence likely; McGrath was factually distinguishable; subsequent findings that the appellant attained vocational independence confirmed the correctness of ACC's decision, therefore the appeal is dismissed.