9 Mar 1998
Sims v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1998] NZACC 37
- Court
- District Court
The appeal is dismissed because the plain meaning of s54(5) fixes commencement at the date of assessment (or 13 weeks after injury whichever later) and s54(6) does not apply where the appellant did not apply and the delay was not shown to be a failure of the respondent's administration; there is no duty on the Corporation to ensure claimants are aware of every entitlement sufficient to trigger s54(6).