12 Aug 2008
S v Accident Compensation Corporation
- Citation
- [2008] NZACC 182
- Court
- District Court
The Court applied the Court of Appeal's interpretation in Fenemor and the amended s 377 to require deduction of the prior lump sum percentage from the combined Whole Person Impairment for pre‑2002 covered injuries; the combined pre‑1999 WPI of 28% minus the prior lump sum percentage of 51% yields no entitlement to an independence allowance, and the post‑2002 assessed WPI of 5% is below the 10% threshold for lump sum, therefore both respondent decisions are upheld.