5 Jun 2003
Windle v Accident Compensation Corporation
- Citation
- [2003] NZACC 105
- Court
- District Court
The appeal is dismissed because the appellant failed to establish two of the statutory remission requirements in s372(2): he did not receive the payments in good faith (failed to disclose incapacity and insurance receipts) and he did not alter his position in reliance on the over-payment; insurance disability payments are not earnings, so ACC correctly determined and sought recovery of the over-payment.