16 May 2012
Barwood v Accident Compensation Corporation
- Citation
- [2012] NZACC 168
- Court
- District Court
ACC's s103 incapacity determination was quashed because it proceeded to a finding of capacity based on incomplete and insufficient inquiry: it relied on medical opinion without adequate assessment of the functional demands of claimant's actual pre-injury/senior audit role (notably untested sustained keyboard/computer requirements) and without pursuing appropriate rehabilitation or a work trial; exclusion of subjective non-injury factors from the capacity question was legally permissible but ACC nonetheless failed to obtain the specific functional information necessary to validly determine cap…