New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Earner status at time of injury

Legal area

Court

30 Aug 2013

Accident Compensation Corporation v Rolfe

Citation

[2013] NZACC 276
Court

District Court

Because the respondent was not an earner at the time she suffered the personal injury, she was not entitled to weekly compensation even though she was an earner when the injury re-aggravated and caused incapacity; therefore ACC's primary decision of 18 May 2010 denying weekly compensation is correct and is reinstated.
17 Feb 2011

Ives v Accident Compensation Corporation

Citation

[2011] NZACC 48
Court

District Court

The appellant was not an earner at the time of the 31 July 1990 injury and the 1997 Chronic Pain Syndrome and depression were consequential to that 1990 injury rather than a new personal injury; under s37A of the 1992 Act eligibility to weekly compensation requires earner status at the time of injury, therefore the respondent's revocation was lawful and the appeal must be dismissed.