New Zealand Case Law: Decisions & Judgments

Topic

Soldiering on

Legal area

Court

15 Nov 2018

Baylis v Accident Compensation Corporation (Entitlements)

Citation

[2018] NZACC 181
Court

District Court

On the available evidence the claimant did not establish on the balance of probabilities that he was incapacitated by his 10 November 2014 injury while he remained an earner; the mandatory medical assessment requirement under s102 was satisfied by the respondent's specialist report (Dr Floyd) and the late retrospective certificate lacked weight, therefore weekly compensation was correctly declined and the review decision is upheld.
19 Sept 2013

JONES v ACCIDENT COMPENSATION CORPORATION [2013] NZHC 2458

Citation

[2013] NZHC 2458
Court

High Court

The District Court's finding that the appellant was not incapacitated from October 1992 to February 1994 was contrary to the evidence because the judge failed to take into account contemporaneous radiology reports and the GP's statements recording ongoing pain; additionally the judge erred in treating 'soldiering on' as a legal bar to incapacity. The review decision is quashed and ACC must reassess compensation, which ought to have been $367.93 per week.
11 Oct 2011

Cullen v Accident Compensation Corporation

Citation

[2011] NZACC 292
Court

District Court

On the balance of probabilities the claimant failed to prove that he was unable, because of the covered personal injury, to engage in his employment at the date he ceased work (13 March 2009); he substantially performed his duties until redundancy, employer evidence corroborates that, and the retrospective medical evidence is insufficiently contemporaneous or corroborated to establish incapacity at cessation; therefore ACC correctly declined weekly compensation under cl 32(1) Schedule 1.

New Zealand Case Law

Baylis v Accident Compensation Corporation (Entitlements)

JONES v ACCIDENT COMPENSATION CORPORATION [2013] NZHC 2458

Cullen v Accident Compensation Corporation