New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Vocational assessment (vioa)

Legal area

Court

28 Jan 2016

Young v Accident Compensation Corporation

Citation

[2016] NZACC 11
Court

District Court

The appeal is allowed because the VIMA was inadequate: the assessing doctor failed to engage with the claimant's permanent structural spinal deformities, did not analyze the specific tasks of the recommended jobs against the claimant's pain‑provoked limitations, and omitted consideration of significant medication and other substance use; the detailed opinions of Dr Dryson and Dr Wigley sufficiently rebutted Dr Kanji such that the Tribunal's finding that the claimant could sustain 30 or more hours per week was unsafe.
17 Jan 2012

Thickpenny v Accident Compensation Corporation

Citation

[2012] NZACC 9
Court

District Court

The VIOA and VIMA were properly conducted by qualified assessors in accordance with statutory requirements; the medical assessor considered the claimant's functional limitations and concluded three sedentary/light roles were medically sustainable for 30+ hours/week; the appellant produced no cogent competing medical or occupational evidence to displace those assessments; therefore ACC's decision that the appellant is vocationally independent in the three identified work options is upheld.