11 Jan 2005
Hogenes v Accident Compensation Corporation
- Citation
- [2005] NZACC 8
- Court
- District Court
The appellant failed to prove on the balance of probabilities that he was incapacitated for employment from 1991 because there is no convincing contemporaneous or retrospective medical evidence establishing incapacity from that time and the available non-medical evidence is insufficient to overcome that evidential gap; furthermore the appellant was not an earner immediately before any period of incapacity likely to be established (post-2000), so he does not meet clause 32 Schedule 1 requirements and is not entitled to weekly compensation, therefore the appeal is dismissed.