29 Nov 2006
Faulkner v Accident Compensation Corporation
- Citation
- [2006] NZACC 295
- Court
- District Court
Clause 38 and related provisions unambiguously require using the claimant's personal exertion income for the defined relevant year (tax year ending before incapacity) to calculate weekly earnings; there is no statutory discretion to average or include income from other years, therefore the respondent's recalculation and recovery of the overpayment were correct.