23 Feb 2006
Fox v Accident Compensation Corporation
- Citation
- [2006] NZACC 47
- Court
- District Court
The correct legal approach is to deduct the percentage impairment on which any prior lump sum payment was based from the current whole-person impairment assessment and then apply the statutory 10% threshold to the residual; alternative methods (deducting weekly rates or proportionately reducing percentages) are inconsistent with the statutory language, so the appellant was not entitled to an independence allowance where the residual impairment after deduction was below 10%.
- Independence allowance
- Lump sum deduction
- Whole-person impairment assessment
- Threshold for entitlement