21 Nov 1997
Clarke v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1997] NZACC 241
- Court
- District Court
The court held the Corporation unreasonably departed from the primary measure in s 53(1) by fixing relevant earnings at later dates; evidence established partial incapacity began soon after the accident and, taking the appellant's work history and likelihood of continued full employment but for the injury into account, relevant earnings should be assessed as at the date of the accident (or shortly thereafter when partial incapacity developed while still employed). Appeal allowed.