10 May 2009
Lay v Accident Compensation Corporation
- Citation
- [2009] NZACC 103
- Court
- District Court
The appellant is precluded by the binding Reviewer decision that his refusal to sign the consent form was unreasonable (issue estoppel under s147); ACC lawfully suspended additional weekly compensation under s117 for non-compliance and, following ACC v Peck, there is no entitlement to backdated payments for the period of non-compliance; Section 60 did not cover the additional post-2000 payments and no exceptional circumstances under amended s117(3)B existed to warrant payment, so ACC's refusal to pay the 29 Aug 2003–4 Oct 2004 period was correct.