New Zealand Case Law: Decisions & Judgments

Topic

Work capacity assessment procedure

Legal area

Court

27 Feb 2006

Griffin v Accident Compensation Corporation

Citation

[2006] NZACC 51
Court

District Court

The December 1998 agreement could not lawfully terminate the appellant's statutory entitlement because the Act requires a formal determination under s37A or an assessment under s51 to cease weekly compensation; no such determination was made so the appellant remained incapacitated from his pre-accident bakery employment and the correct pre-incapacity income for calculating weekly compensation is his bakery earnings, not his Valley Craft Furniture earnings; accordingly the respondent's June 2000 calculation was incorrect and the respondent must recalculate and pay arrears and reinstate full co…
22 Dec 2005

Peacock v Accident Compensation Corporation

Citation

[2005] NZACC 370
Court

District Court

ACC had fulfilled its statutory vocational rehabilitation obligations under the Act; the decision to decline funding for Early Childhood Education was a proper exercise of discretion given the appellant’s transferable skills and rehabilitation history; referral to the Work Capacity Assessment Procedure was not premature and the Occupational and Medical assessments validly established Capacity for Work in specified employment types; accordingly the appeals are dismissed.
22 Mar 2005

Peacock v Accident Compensation Corporation

Citation

[2005] NZACC 80
Court

District Court

The 25 August 2000 letter constituted a reviewable decision under s13(b) refusing further vocational rehabilitation funding; the Reviewer was wrong to conclude he lacked jurisdiction and must reconsider the merits of that decision; consequently the related appeal on capacity for work is adjourned pending the outcome of that review; costs of $750 awarded to the appellant for this appeal.
23 Nov 2004

Barnes v Accident Compensation Corporation

Citation

[2004] NZACC 368
Court

District Court

The medical and occupational assessments conducted under the statutory procedure established that the appellant has capacity for 30+ hours per week as an Industrial Sewing Machinist; s15(2)(b) makes inability to obtain employment irrelevant to the statutory test; absent clear and cogent evidence to rebut the assessments the Court must accept them, so the appellant has capacity for work in that job option and the appeal is dismissed.
25 Nov 2003

Kinita v Accident Compensation Corporation

Citation

[2003] NZACC 300
Court

District Court

The occupational and medical assessments complied with the statutory Work Capacity Assessment Procedure and were not shown to be materially flawed; the appellant failed to discharge the burden, on the balance of probabilities, to demonstrate invalidity of the assessments, so the insurer's determination that the appellant has capacity for work (caretaker, groundsman, motel manager) is upheld and the appeal dismissed.
19 Sept 2003

Lindsay v Accident Compensation Corporation

Citation

[2003] NZACC 232
Court

District Court

The medical assessor (Dr Gollop) was a properly qualified assessor who complied with ss.99–100; the appellant failed to produce clear and cogent evidence showing the assessor’s opinion was wrong or procedurally flawed; therefore the reviewer and court must defer to the assessor’s determination and uphold ACC’s decision that the appellant had capacity for work and weekly compensation could be suspended.
15 Aug 2003

Speedy v Accident Compensation Corporation

Citation

[2003] NZACC 189
Court

District Court

The statutory work capacity procedure was properly followed; the occupational and medical assessments met the s93-100 requirements; there was no evidence that the assessor's opinion was procedurally flawed or unsupported; the appellant failed to discharge the onus of proving the respondent's decision wrong, therefore the review decision upholding ACC's determination of capacity for work must stand.
10 Jul 2003

Toi v Accident Compensation Corporation

Citation

[2003] NZACC 149
Court

District Court

The Court found on the facts that the respondent complied with the Gazetted Procedure in referring the appellant to WCAP; the IRP did not remove or affect statutory entitlements so lack of review-rights did not invalidate the process; the occupational assessment provided sufficient basis for the job identification; and the medical assessment adequately explained functional limitations and why the appellant could work as a radio operator/taxi dispatcher for 30 hours or more. Therefore the determination that the appellant had a capacity for work was lawfully made and is upheld.
10 Apr 2003

McGregor v Accident Compensation Corporation

Citation

[2003] NZACC 59
Court

District Court

Technical deficiencies in earlier IRPs did not invalidate the rehabilitation actually provided or the later agreed IRP in substance; the appellant had accepted the interventions and the respondent lawfully proceeded with the Work Capacity Assessment which established capacity for work, therefore cessation of weekly compensation was correctly imposed and the appeal is dismissed.
20 Feb 2003

Churchill v Accident Compensation Corporation

Citation

[2003] NZACC 22
Court

District Court

AON acted with lawful delegated authority; the IRPs were valid and did not require s72 notice because they did not initiate entitlements; the appellant received copies of assessments; Dr Nicholson's medical assessment provided sufficient reasoning to identify that Receptionist and Booking Clerk were suitable in relation to the appellant's injury but the Receptionist finding could not stand because it duplicated the appellant's pre-injury occupation (precluding a lawful capacity finding); the Booking Clerk role alone sufficed under s94(3) and s15 to establish capacity for work; accordingly the…