New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Pre-1 july 1999 injuries

Legal area

Court

19 Mar 2009

Accident Compensation Corporation v White

Citation

[2009] NZACC 38
Court

District Court

Under amended section 377 of the IPRC Act 2001 an assessment for an independence allowance must combine whole person impairment for all covered injuries suffered before 1 July 1999 and then deduct the percentage of any previously paid lump sum compensation from that combined percentage; applying that rule here reduced the combined impairment below the deducted lump sum percentage and therefore no independence allowance is payable.
12 Feb 2009

Accident Compensation Corporation v Cammell

Citation

[2009] NZACC 18
Court

District Court

The Court applied the Court of Appeal's ruling in ACC v Fenemor that for pre-1 July 1999 injuries impairments are combined and prior lump sum compensation under the 1972 and 1982 Acts is deducted from the combined total; applying that rule to the facts produced a net impairment of 7% which is below the 10% threshold, therefore the appeal is allowed and ACC's decision of 15 May 2003 denying independence allowance is reinstated (interim).