14 Aug 2012
Beale v Accident Compensation Corporation
- Citation
- [2012] NZACC 277
- Court
- District Court
The Court preferred Dr Berry's opinion over the assessing specialist and reviewer, finding cogent evidence that the appellant's injury-related complex regional pain syndrome, impaired balance and associated risks limit her sustainable work capacity to part time (around 15–20 hours), so she was not vocationally independent. The notice and assessment process were not unreasonable, but the substantive assessment and decision could not be sustained; the review decision awarding vocational independence was quashed and weekly compensation reinstated.