6 Mar 1996
MC v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1996] NZACC 8
- Court
- District Court
The appellants failed to prove on the balance of probabilities that a claim was lodged with the Corporation before 1 October 1992; the evidence (doctor's uncertain recollection, absence of records and lack of indicia that the meeting was treated as a claim) is insufficient, and Corporation policy does not retrospectively create agency to cure the statutory lodgement requirement, therefore s147 entitlement is not established and the appeals must be dismissed.