New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Work trial evidence

Legal area

Court

16 May 2012

Martin v Accident Compensation Corporation

Citation

[2012] NZACC 169
Court

District Court

Dr Antoniadis' VIMA lacked objective justification to conclude the appellant could sustain the required full-time hours given consistent clinical descriptions and a work trial showing inability to exceed about 20 hours; the court preferred the opinions of Dr Hancock and Dr Rajapaksha and concluded appellant could not sustain 35 hours per week, so the Corporation's vocational independence decision was set aside.
23 Oct 2009

Pitcher v Accident Compensation Corporation

Citation

[2009] NZACC 184
Court

District Court

The District Court quashed the respondent's vocational independence decision because the Occupational Assessor failed to take into account a recent failed grader work trial and overstated prior experience, and the Medical Assessment was not objectively valid—it failed to address evidence of constant jolting/jarring, discounted an expert assessor's safety concerns, and was improperly amended without re-examination—therefore the determinations that the claimant could sustain full-time machine-operating work were unsafe and unsustainable.