11 Jul 2013
The Judge preferred Dr Black's assessment over Dr Kelman's VIMA as reflecting the claimant's true functional limitations at the relevant time; on that basis the claimant had not attained vocational independence as of the date of the determination and the Corporation's decision of 30 November 2011 was set aside and the review decision quashed.
19 Apr 2013
The Court preferred Dr Marshall's contemporaneous, objective medical assessment and the FCE over the later, largely corroborated subjective complaints relied on by the appellant and found the reviewer reasonably concluded the appellant had the physical capacity to undertake suitable employment for 30+ hours per week; accordingly the Care Advantage determination of vocational independence was upheld and the appeal dismissed.
23 Aug 2012
The Court preferred and accepted the comprehensive medical assessment of Dr Antoniadis, found the Corporation had properly followed the vocational rehabilitation and assessment process and that the evidence supported a finding of vocational independence; therefore the Corporation's decision to cease weekly compensation was justified and the appeal was dismissed.
2 May 2012
On the whole of the evidence the Court found the appellant remained subject to unpredictable paroxysms of pain that precluded work beyond about 20 hours per week, and that the Corporation had not adequately given effect to recommended rehabilitation and conservative treatment before assessing vocational independence; accordingly ACC's decision to cease weekly compensation was unjustified, the review decision and original decision were quashed and weekly compensation must be restored from its cessation date.
2 Sept 2011
On the medical and vocational evidence the Judge found the objective assessments of Dr Xiong and Mr Starker outweighed Dr Wigley's opinion; there was no deformity or functional limitation of the right thumb and any pain was not debilitating for the generic Health and Safety Co-ordinator role; therefore the respondent's decision of 8 September 2009 that the appellant was no longer incapacitated was correct and must be upheld.
11 Apr 2006
The Court upheld the reviewer and ACC because the VIMA by Dr Kerr was not shown to be flawed; Dr Kerr adequately considered the claimant’s pain and endurance, his conclusions were corroborated by treating specialists (Dr Bentley and Dr Swan) and by work‑trial reports, and the appellant failed to discharge the onus of demonstrating the assessor’s opinion was wrong; therefore ACC correctly ceased weekly compensation as the claimant was vocationally independent in the nominated occupations able to be performed 35 hours/week.
18 Jan 2006
The Court found ACC's nominated job options were not realistically attainable by the appellant given his very limited education, qualifications and transferable skills and insufficient targeted rehabilitation was provided to make those options attainable; the medical assessor failed to provide adequate reasons demonstrating the appellant could sustain 35 hours per week; accordingly ACC's determination of vocational independence was unreasonable and was quashed, restoring the appellant's weekly compensation entitlements and awarding costs.
15 Nov 2004
Clause 52 of Schedule 1 to the Injury Prevention, Rehabilitation & Compensation Act 2001 unambiguously requires cessation of weekly compensation when a recipient attains the New Zealand superannuation qualification age (65); ACC therefore lawfully ceased payments and the appellant's Human Rights Act and Employment Act arguments do not alter that statutory mandate.
30 Jul 2004
The Court found the occupational assessment flawed and wrong: on the specific facts the four nominated occupations could not realistically provide the appellant with 35 hours of work per week given his narrow, non-commercial musical skillset, lack of training/experience for broadcasting or general sales, prior failed sales history, and medical limitations (tinnitus and hypersensitivity to noise). Consequently ACC's decision that the appellant had capacity to work 35+ hours and to cease weekly compensation was unsustainable and must be set aside and remitted for reassessment.
8 Jul 2004
The occupational and medical assessments complied with the statutory work capacity procedure, the assessor considered the appellant’s transferable skills and experience, and the appellant failed to present evidence demonstrating the assessments were flawed; therefore the reviewer and respondent were correct to find the appellant had capacity for work and to cease weekly compensation.