29 Feb 2016
Kirk v Accident Compensation Corporation
- Citation
- [2016] NZACC 48
- Court
- District Court
The court held that the Corporation did not have all necessary information to pay backdated weekly compensation until it had obtained both sufficient medical proof of ongoing incapacity (earliest satisfied by 30 June 2010) and the requisite financial records to calculate abatement and reimbursement. The s252(6) deeming of WINZ payments means those payments are treated as weekly compensation for the claimant and the Corporation is treated as having the benefit of that status, so WINZ disclosure is not material to the timing under s114; however IRD earnings information and potentially bank acco…