26 Apr 2012
ACCIDENT COMPENSATION CORPORATION V STEWART HC WN CIV-2012-485-000208
- Citation
- openlaw-87195dc7_3fb4_4374_a54b_d87626392d5c.pdf
- Court
- High Court
The Court held that 'first' in cl 52 refers to the claimant's initial entitlement to weekly compensation for the injury (here 29 September 2006) and that the phrase 'has been entitled to it for 24 months or longer' is measured from that first entitlement date rather than requiring continuous payment; applying those constructions cl 52(1) and (2) applied to the respondent and consequently his weekly compensation entitlement ceased on reaching New Zealand superannuation qualification age (65). Clause 52(6) did not apply.