19 Apr 2013
Carnahan v Accident Compensation Corporation
- Citation
- [2013] NZACC 108
- Court
- District Court
The Court preferred and accepted the evidence of Dr Robb (supported by the IMA and FCE material and the Mercy Pain Service history) over Dr Rajapaksha; the appellant's pain is less marked than historically reported, self-reports must be read in context and were open to assessment as hyperbolic, and on the balance of probabilities the appellant has the capacity to undertake the identified work for 30 or more hours per week, so the Corporation's 2012 determination of vocational independence is upheld.