23 May 2014
On the balance of probabilities the appellant retained the technical capacity and intention to continue self-employment, performed limited activities in pursuit of commissions, and therefore remained an earner immediately before 25 September 2006; ACC's revocation of earlier decisions was set aside and weekly compensation entitlement was reinstated.
23 Jun 2010
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.
11 Jul 2008
The court found on the balance of probabilities that ACC did not receive all information necessary to calculate and pay backdated weekly compensation until WINZ provided benefit refund details on 11 September 2006 and ACC paid within one month thereafter; Pathway notes and emails did not prove that earnings or other required information existed earlier, therefore s114 did not trigger liability for interest and the appeal is dismissed.