New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Abatement under section 47

Legal area

Court

13 Oct 1999

Walker v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 288
Court

District Court

Leave to appeal was granted because the central questions concerning the statutory meaning of 'earnings as an employee' and 'earnings other than as an employee' under the Act and the Earnings Definitions Regulations 1992, and whether royalties constitute earnings for abatement under section 47, are questions of law appropriate for determination by the High Court.
11 Jun 1999

Walker v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 145
Court

District Court

Royalties that continue to be received after the commencement of incapacity for work done prior to the incapacity do not constitute 'earnings other than as an employee' because they do not cease to be derived as a consequence of the incapacity; accordingly such royalties are excluded from the calculation of weekly compensation and from abatement under section 47.