New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Schedule 1 clause 52

Legal area

Court

19 Apr 2012

Blundell v Accident Compensation Corporation

Citation

[2012] NZACC 136
Court

District Court

Section 377 requires deduction of the applicant's 45% pre‑1 July 1999 provision so any WPI would need to reach at least 55% to create further entitlement; the applicant's WPI (11% originally, 8% on peer review) is insufficient; clause 52 of Schedule 1 prevents additional weekly payments due to the timing of the qualifying events; therefore neither ACC nor the Court can lawfully grant the relief sought.
2 Sept 2011

Stewart v Accident Compensation Corporation

Citation

[2011] NZACC 241
Court

District Court

Clause 52(1)(b) does not apply because the appellant was not entitled to weekly compensation for 24 months or longer before reaching 65; entitlement requires current incapacity and earner status and ceased when he returned to work in May 2007; the correct application is to subclauses (6)–(8), so the appellant, having recommenced incapacity after age 65, is entitled to weekly compensation for up to 12 months from 25 March 2010 (subject to election and certification of continuing incapacity).