19 Apr 2007
JOHN EDWARD RANGIWHETU V THE ACCIDENT COMPENSATION CORPORATION HC WN CIV 2006-485-1402
- Citation
- openlaw-71630fbe_1741_460c_85af_fefe94511341.pdf
- Court
- High Court
On a generous construction of the statutory requirement a written application for attendant care existed as at 15 May 1995 when the claimant's signed entitlement application is read together with ACC's contemporaneous file note from the social worker specifically itemising attendant care, so attendant care is payable from that date under the 1992 Act; however s 83(3) of the 2001 Act does not permit provision of attendant care for periods prior to the commencement of the 2001 Act and cannot be used to backdate entitlement to a date earlier than the Act's commencement.