4 Dec 2008
Ross v Accident Compensation Corporation
- Citation
- [2008] NZACC 287
- Court
- District Court
On the balance of probabilities the Court found the appellant was incapacitated by his work-related epicondylitis as of 1 April 1995 (the day after the business sale) so s.7(5)(b) supplies the operative date of personal injury; consequently the appellant was an 'earner' immediately before incapacity and ACC's decision denying weekly compensation was wrong and is quashed.