New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Suspension of compensation

Legal area

Court

29 Apr 2014

Bailey v Accident Compensation Corporation

Citation

[2014] NZACC 104
Court

District Court

The Court held the case falls within Miller scenario 4: the original medical advice in December 2004 conclusively supported cancellation, and only upon receipt of Mr Coldham's comprehensive 1 November 2010 report (including contemporaneous examination and reasoned opinion) did ACC have all required medical information to justify payment. Therefore interest runs from 1 November 2010; the review decision was correct and the appeal is dismissed.
25 Aug 2003

Hirst v Accident Compensation Corporation

Citation

[2003] NZACC 200
Court

District Court

The appeal was struck out because the appellant failed to prosecute it: despite repeated requests for submissions over a period of nearly two years and attempts to contact him by telephone, the appellant made no response or filings, warranting strike out for want of prosecution.
13 Jun 1997

Elkington v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 122
Court

District Court

Given the appellant's repeated history of failing to provide required information and medical certificates, his inconsistent explanations regarding taxi earnings, and prior warnings, the failure to comply with the individual rehabilitation programme was unreasonable and entitled the respondent to cease weekly compensation under s73.