5 Jul 2005
Ryan v Accident Compensation Corporation
- Citation
- [2005] NZACC 199
- Court
- District Court
Clause 34 must be applied employer by employer: 'a' and 'b' refer to earnings from the claimant's permanent employer at the date of incapacity and the divisor 'b' must reflect the actual number of weeks including fractional part-weeks (i.e. count partial weeks as fractions) so as to give a fair and realistic weekly-earnings figure; ambiguity resolved purposively to avoid unfairness.