New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Definition of earner/employment

Legal area

Court

17 Nov 2016

Poad v Accident Compensation Corporation

Citation

[2016] NZACC 302
Court

District Court

Leave to appeal refused because no seriously arguable question of law: the 2001 Act's definitions and Part 11 transitional scheme govern entitlement to weekly compensation for incapacity arising after 1 April 2002; s355 preserves cover but does not preserve 1982 Act definitions for entitlements and s365 requires entitlement immediately before transition which the applicant did not demonstrate.
25 Sept 2015

Poad v Accident Compensation Corporation

Citation

[2015] NZACC 290
Court

District Court

The appellant was not in paid employment on the date of injury (14 February 1990) so the s103 incapacity test is not met; the transitional weekly compensation provisions do not apply because the appellant was not continuously entitled to weekly compensation since 1992; therefore entitlement from 28 June 2011 is to be determined under Part 4 and Schedule 1 of the 2001 Act and the Corporation correctly assessed weekly compensation under s105 as a potential earner.