23 Jun 2010
Ashby v Accident Compensation Corporation
- Citation
- [2010] NZACC 89
- Court
- District Court
On the balance of probabilities the appellant was not incapacitated as a result of the 2 September 2004 injury until 1 November 2004: contemporaneous invoices show work hours were not reduced (increased in relevant fortnights), treating practitioners did not certify incapacity until 1 November 2004, osteopath notes did not record incapacity, and medical evidence relied on by appellant was retrospective and equivocal; therefore ACC's determination of 1 November 2004 and its calculation of weekly compensation under clause 34 are confirmed.