3 Feb 1999
McKee v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1999] NZACC 20
- Court
- District Court
The statutory scheme requires that abatement under s47 be calculated by reference to the claimant's actual earnings in the income year during which the incapacity occurred and those earnings should be converted to a weekly figure by dividing by 52 (the number of weeks in the income year); an ad hoc hourly apportionment for a self-employed farmer is not sanctioned by ss41 and 47, and internal Corporation policy cannot override the statutory calculation. Accordingly the Corporation's calculation using a 48-week divisor was incorrect and its decision as to entitlement must be revoked and recalcu…