13 Oct 2006
Brady v Accident Compensation Corporation
- Citation
- [2006] NZACC 248
- Court
- District Court
Section 38 yields a deemed date of injury of 4 March 2005 (first treatment); appellant ceased employment on 8 February 2005; Clause 43's alternatives produce a deemed employment end of either 22 February (14 days) or 19 February (holiday pay), both before any plausible date of incapacity; evidence did not establish incapacity earlier than 4 March; therefore appellant was not an earner immediately before commencement of incapacity and is not entitled to weekly compensation; appeal dismissed.