13 Oct 1998
Kerr v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1998] NZACC 218
- Court
- District Court
Section 42 governs calculation because the appellant had both employee and non‑employee earnings in the 12 months before incapacity, but the employee component must be calculated under s40; 'permanent employment' in s40(2A) applies only to employment as an employee (not self‑employment), so the appellant did not meet s40(2)(b) and the divisor in s40(2)(c) (1/52) applies; therefore the Corporation's calculation using the 52‑week divisor was correct and the appeal is dismissed.