24 May 2006
Alderson v Accident Compensation Corporation
- Citation
- [2006] NZACC 129
- Court
- District Court
Because the appellant had no earnings as an employee in the 52 weeks prior to incapacity and his self-employment commenced in the tax year of incapacity, Clause 38(2)(a) yields nil weekly earnings and therefore Clause 42 entitles him only to the minimum full‑time earner rate; the respondent owed no legal duty to proactively advise him of purchase‑of‑weekly‑compensation opportunities and the statutory formula must be applied without discretion.