New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Suitability of work types

Legal area

Court

23 Mar 2012

Kemara v Accident Compensation Corporation

Citation

[2012] NZACC 96
Court

District Court

On the evidence the case manager reasonably concluded under s110(3) that vocational independence was likely for the identified sedentary/light work at the time of referral; rehabilitation required by the IRP had been completed; inclusion of the additional work types was permissible because they were reasonably identified as suitable; therefore the review decision upholding vocational independence was correct and the appeal must be dismissed.
6 Oct 2010

Wright v Accident Compensation Corporation

Citation

[2010] NZACC 167
Court

District Court

Pre-injury earnings and the claimant's age are relevant to the suitability of work types under clause 26(1)(g) and s91(1A); five of the nine work types produced incomes materially below the appellant's pre-injury earnings and were unsuitable for a 62-year-old claimant; the authorized occupational and specialist medical assessors' opinions on four higher-income suitable work types were preferred over contrary reports, so vocational independence was properly determined but only in four work types; as a matter of law vocational independence requires only one suitable work type, so the appeal is…