20 Jun 2007
Garnett v Accident Compensation Corporation
- Citation
- [2007] NZACC 131
- Court
- District Court
Where the insured had no earnings as a shareholder-employee in the defined relevant year (because the claimant was not a shareholder-employee in that year), Clause 16(4) does not apply; in that circumstance the insurer must use Clause 20 to estimate weekly earnings for long-term compensation based on reasonable remuneration during the period the claimant was a shareholder-employee. The respondent's decision to apply Clause 18 minimum was quashed and the long-term assessment must be made under Clause 20 using the already-calculated short-term figures.