26 Sept 1996
Talitimu v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1996] NZACC 93
- Court
- District Court
Section 54(14) of the 1992 Act requires that the claimant's assessed degree of disability be reduced by the percentage upon which any earlier s78 lump sum was based; applying that provision reduced the appellant's assessed 100% disability by the prior 10% award to 90%, producing a weekly independence allowance of $31.84. The court preferred the approach in Smith and Hart and followed subtraction of percentage points.