8 Aug 1997
Hooper v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1997] NZACC 168
- Court
- District Court
The Court held that weekly compensation must be calculated under sections 40 and 41 using the tax year immediately preceding the accident and, because the appellant was receiving vocational rehabilitation allowance at the time of the second accident, the same tax-return figures applied to the subsequent compensation; and that although the appellant received the overpayment in good faith she did not change her position in reliance on the payment (having been aware of it and kept it separate and later used it to cover debts), so under s77(2) it is not inequitable to require full repayment; ther…