New Zealand Case Law: Decisions & Judgments

Topic

Earnings related compensation

Legal area

Court

31 Oct 2014

H v Accident Compensation Corporation

Citation

[2014] NZACC 301
Court

District Court

The appeal is allowed and the decisions of the Corporation and Review Officer are quashed and remitted: treatment provided can be accepted retrospectively to satisfy s36(1); where physical injuries (including penetrative sexual abuse and skull/brain injury) may have occurred they can give rise to a s36(2) date and may contribute to mental injury; the facts require further inquiry by the Corporation to determine contribution of physical injuries and appropriate dates for earnings related compensation.
25 Jan 2002

Ridati v Accident Compensation Corporation

Citation

[2002] NZACC 26
Court

District Court

Appellant did not prove the required continuous 12 months employment before the 14-day period nor entitlement to payments under clause 19(2)(b); therefore he is not deemed to continue to be an employee under clause 19 and is not entitled to earnings-related weekly compensation; appeal dismissed.
27 Oct 2000

Kennedy v Accident Compensation Corporation

Citation

[2000] NZACC 285
Court

District Court

On the balance of probabilities the appellant sustained a work‑related tendonitis/OOS type injury in November 1995 caused by Carters' workplace conditions; the Corporation's revocation of cover ab initio was incorrect and cover must be reinstated (entitlement continued and ERC wrongly ceased).
6 Mar 1998

Kena v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 34
Court

District Court

The appellant was properly a deemed employee under s.2(3) of the Accident Compensation Act 1982 and the respondent's reliance on absence of tax returns was not a bar to entitlement; medical evidence available established ongoing incapacity traceable to the 8 September 1989 accident so the appellant is entitled to earnings related compensation from that date and the respondent must assess relevant earnings under the 1982 Act.
12 Sept 1996

Whare v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 80
Court

District Court

Failure to determine the review within three months entitled the appellant to treat the review as determined in her favour under s.90(9), resulting in reinstatement of cover; that deemed determination did not automatically confer specific items of relief such as earnings related compensation which require separate decision-making supported by adequate medical evidence, and the claim for earnings related compensation is remitted to the respondent to obtain a full medical report on work capacity and to reconsider the claim.

New Zealand Case Law

H v Accident Compensation Corporation

Ridati v Accident Compensation Corporation

Kennedy v Accident Compensation Corporation

Kena v Accident Rehabilitation and Compensation Insurance Corporation

Whare v Accident Rehabilitation and Compensation Insurance Corporation