A man was violently assaulted on the side of the road in June 2020, leading to a four-year struggle for compensation and revoked funding from Accident and Casualty Compensation (ACC).
The man’s GP filed an ACC claim, which was accepted, and he was diagnosed with a concussion. He was certified unfit for work due to persistent symptoms such as headaches, fatigue, poor concentration, and difficulty focusing.
Despite attempts to return to work, he continued to struggle with fatigue and sleep issues. His work hours varied between 25 and 30 hours a week due to ongoing fatigue, balance issues, headaches, and concentration issues. In November 2020, ACC decided he had achieved vocational independence (VI) and ended his entitlement to weekly compensation in November 2022.
Between January 2023 and February 2024, the man faced significant health challenges and continued to face physical and mental health issues, including migraines, back injuries, and trouble focussing.
Despite medical certifications of his unfitness to work, the ACC decision to end his weekly compensation was upheld in a review on 20 July 2023, sparking an appeal filed in February 2024.
Judge Peter Spiller reviewed the evidence and found that the man had significant difficulties following the assault and that his work capacity was limited to 30 hours a week or less in the two-and-a-half years leading up to the corporation’s decision to cut his payments.
The court concluded that ACC’s decision on the man’s work independence was not supported by strong evidence when considered holistically and realistically.
The appeal was allowed, the review decision was quashed, and ACC was directed to reinstate the client’s entitlement to weekly compensation.
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