5 Aug 2011
BARTROM ESTATE V ACCIDENT COMPENSATION CORPORATION HC AK CIV-2011-404-887
- Citation
- openlaw-b652313a_4456_4461_931b_f772e815870c.pdf
- Court
- High Court
Clause 39(2)(c) applied because the claimant had shareholder-employee earnings in earlier years and the relevant year for clause 39 was the year ending 31 March 2002; s 15(3) permits the Corporation to determine reasonable remuneration for that relevant tax year (which it did as $7,402.38) but does not allow the court or the Corporation to circumvent or alter the mandatory clause 39 arithmetic; therefore the Corporation's calculation of weekly earnings was correct and the appeal is dismissed.