ACCIDENT COMPENSATION – Appeal from unsuccessful application to commence proceedings for loss of earning capacity – Accident Compensation Act 1985, ss 134AB(19),
(38)(b), (c), (e), (f), (g) – Whether appellant lost 40 per cent or
more of earning capacity – Assessment of pre-injury earning capacity –
Capacity for suitable employment – Accident Compensation Act 1985, s 5 – No suitable employment existing in area of residence – Appeal allowed.
EVIDENCE – Expert evidence – Evidence of suitability of employment given by medical professionals.
COSTS – Statutory direction as to costs – Accident Compensation Act 1985, s 134AB(27)(a)
– Costs of application to be awarded against party against whom
decision is made, subject to the ‘rules of the court’ – Leave granted to
commence proceedings to recover damages for pain and suffering but not
for loss of earning capacity – Judge awarded no costs after date on
which Calderbank offer lapsed – Whether judge entitled to take account of Calderbank offer.
