New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Vocational independence assessment (via/vima/vioa)
  • 9 Feb 2015

    Haora v Accident Compensation Corporation

    Citation
    [2015] NZACC 30
    Court
    District Court

    The vocational independence determination was set aside because the VIMA failed to consider relevant non‑injury conditions (literacy/numeracy) as required by clause 29 of Schedule 1 and the evidence did not establish, on the balance of probabilities, that the appellant could perform the three identified jobs for 30 hours per week; those omissions rendered the VIA process flawed and the decision unsafe.

    • Vocational independence
    • Vocational independence assessment (via/vima/vioa)
    • S110(3) threshold
    • Schedule 1 clause 29 non-injury conditions
    • Assessment of pain and functional limitations
    • Procedural fairness/assessor independence