30 Sept 2016
Gilbert v Accident Compensation Corporation
- Citation
- [2016] NZACC 270
- Court
- District Court
The Court allowed both appeals and set aside ACC's decisions because the assessor reports and resulting decisions were legally flawed: Elderkamp's backdated assessment was fundamentally flawed for failing to recognise contemporaneous determinations, to consider the parents' evidence and to explain discrepancies in hours, rendering the 12 September 2008 decision invalid; Gladwin's (and Hessell's) SNAs erred in law by conflating identification of injury-related needs with decisions about who should provide them, improperly attributing significant injury-related supervision and night care to ord…