New Zealand Case Law: Decisions & Judgments

Topic

Commencement date of entitlement

Legal area

Court

3 Jul 2009

Jones v Accident Compensation Corporation

Citation

[2009] NZACC 113
Court

District Court

Medical certificates and contemporaneous medical notes showed the appellant was certified fit for work on 15 October 1992 and returned to full-time employment from 19 October 1992 until February 1994; there was no medical evidence establishing incapacity during that period and the legal principle that continuing to work ('soldiering on') precludes a finding of legal incapacity applies; therefore entitlement to weekly compensation did not commence until appellant was incapacitated again (accepted as 18 February 1994), and respondent must pay the shortfall for 18 February 1994 to 11 March 1994.
24 Nov 2006

MAHAKI & FENEMOR V ACCIDENT COMPENSATION CORPORATION HC WN CIV-2005-485-177 FENEMOR V ACCIDENT COMPENSATION CORPORATION HC WN CIV-2005-485-1002

Citation

openlaw-17549d7c_638a_45ad_9857_50d85b8298f6.pdf
Court

High Court

Ss 441 and 442 apply to pre-1 July 1999 injuries; s 442 applies only where there is further impairment to the same earlier injury for which a lump sum was paid, in which case a deduction for the prior payment is appropriate and, where s 442 applies, the independence allowance is payable from the date of application; where a claimant seeks an independence allowance for a later unrelated injury, earlier compensated unrelated injuries must be excluded from the assessment and not deducted from the later injury's assessment, and transitional claimants with multiple claimed injuries retain the bene…
2 Apr 2004

J v Accident Compensation Corporation

Citation

[2004] NZACC 88
Court

District Court

The court upheld the assessor's impairment assessment as not shown to be flawed and accepted the assessor's 20% apportionment for non-covered factors; because a prior lump sum award existed Section 442(2)(b) applies and the Independence Allowance is payable from the date of application (25 February 2002), resulting in a 16% entitlement.

New Zealand Case Law

Jones v Accident Compensation Corporation

MAHAKI & FENEMOR V ACCIDENT COMPENSATION CORPORATION HC WN CIV-2005-485-177 FENEMOR V ACCIDENT COMPENSATION CORPORATION HC WN CIV-2005-485-1002

J v Accident Compensation Corporation