New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Deduction of prior award

Legal area

Court

7 May 1998

Gibson v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 98
Court

District Court

The assessment produced a 34% permanent disability; deducting the prior 25% s.78 award yields 9%, which falls below the statutory threshold of more than 10% under s.54(1) of the 1992 Act, therefore no independence allowance is payable and the appeal must be dismissed.
30 Jun 1997

Kinera v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 134
Court

District Court

Reassessment under Regulation 8 was lawfully conducted and section 54(14) of the 1992 Act mandated deduction of the previously ascertained permanent impairment, therefore the review officer's decision upholding the recalculated independence allowance of $5.38 per week was correct; appeal dismissed.