New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Entitlement date

Legal area

Court

12 Feb 2009

Accident Compensation Corporation v Cammell

Citation

[2009] NZACC 18
Court

District Court

The Court applied the Court of Appeal's ruling in ACC v Fenemor that for pre-1 July 1999 injuries impairments are combined and prior lump sum compensation under the 1972 and 1982 Acts is deducted from the combined total; applying that rule to the facts produced a net impairment of 7% which is below the 10% threshold, therefore the appeal is allowed and ACC's decision of 15 May 2003 denying independence allowance is reinstated (interim).
19 Jun 2003

Davies v Accident Compensation Corporation

Citation

[2003] NZACC 130
Court

District Court

Because the appellant suffered the injury before 1 July 1999 and had not applied for an independence allowance by that date, the transitional provisions required application of the pre-1999 regime; therefore s.54(7) of the 1992 Act governs the date of payment and the allowance is payable from the date the original claim for cover was lodged (30 November 1994).