21 Apr 2009
Mathieson v Accident Compensation Corporation
- Citation
- [2009] NZACC 59
- Court
- District Court
Clause 43(2)(a) and (b) operate in the alternative; the holiday pay received is a payment on cessation properly characterised under Clause 43(2)(b) and does not extend actual employment beyond the cessation date; the appellant's deemed date of treatment injury under s.38 is 18 October 2004 and that date falls outside any extension available under Clause 43 so the appellant did not satisfy the statutory requirement to have been an earner immediately before incapacity and is not entitled to weekly compensation.
- Treatment injury
- Weekly compensation
- Earner status
- Clause 43 schedule 1
- Deemed date of injury under s.38