New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Interpretation of schedule 1 clauses 23 and 24
  • 22 Dec 2003

    Kay v Accident Compensation Corporation

    Citation
    [2003] NZACC 338
    Court
    District Court

    The court held that the respondent correctly treated the appellant's remuneration as $210.00 per day for both sea and shore leave, that payments characterized as shore leave earnings are included within the definition of 'earnings' for abatement under clause 24, and that long term weekly compensation must be calculated from earnings within the 52 weeks before the accident, excluding advance payments outside that period.

    • Weekly earnings calculation
    • Abatement of weekly compensation
    • Interpretation of schedule 1 clauses 23 and 24
    • Calculation period for long term weekly compensation