28 Jun 2018
HC v Accident Compensation Corporation (Eligibility for Weekly Compensation)
- Citation
- [2018] NZACC 102
- Court
- District Court
Clause 38(2)(c) applies because the appellant had been self‑employed prior to the relevant year; the appellant's relevant year self‑employed earnings were nil (losses) so the clause 38 calculation produces nil weekly earnings; the April 2015 schedular commission is excluded from PAYE by s11/Income Tax Act and does not convert the result; contemporaneous ACC interviewing notes show part‑time hours (around 25 hrs/week) so clause 42 uplift is not available; therefore there is no entitlement to weekly compensation and the appeal is dismissed.