New Zealand Case Law: Decisions & Judgments

Topic

Deduction for prior lump sum

Legal area

Court

30 Mar 2012

Lake v Accident Compensation Corporation

Citation

[2012] NZACC 107
Court

District Court

The application for leave was refused because the legal questions raised were settled and not reasonably arguable: statutory law (notably s377) permits deduction of prior payments from the WPI basis for an independence allowance; DRSL reviews are statutorily authorised and independent under s137; the three-month rule requires fixing the hearing date within three calendar months, so no deemed decision arose.
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…
11 Dec 2003

Te Huia v Accident Compensation Corporation

Citation

[2003] NZACC 323
Court

District Court

Because section 442 requires deduction of the percentage for which a lump sum was previously paid (29%) from any newly assessed whole person impairment (27%), the residual impairment fell below the statutory 10% threshold in Clause 58; therefore no entitlement to an independence allowance exists and there is no arguable error of law requiring grant of leave to appeal.
2 Nov 2001

Irwin v Accident Compensation Corporation

Citation

[2010] NZACC 306
Court

District Court

Application of s.442 required deduction of the 27.6% prior lump sum payment from the assessed 37% whole person impairment, producing a net impairment of 9.4% which is below the statutory 10% threshold for an independence allowance; therefore the appeal is dismissed and later injuries cannot affect the October 2000 assessment though they may justify a fresh assessment.

New Zealand Case Law

Lake 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

Te Huia v Accident Compensation Corporation

Irwin v Accident Compensation Corporation