New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Entitlement under schedule 1

Legal area

Court

9 Mar 2018

McKeefry v Accident Compensation Corporation (Entitlement to Weekly Compensation)

Citation

[2018] NZACC 45
Court

District Court

The appellant was not in full‑time employment immediately before his incapacity because he did not average 30 hours per week in the four weeks before the accident nor had an employment agreement defining a lesser number of hours; clause 43's deeming does not alter the s 6 definition of full‑time employment, so clause 36(2) applies and the Corporation's long‑term weekly compensation calculation of $354.14 was correct; the reviewer's decision was upheld and the appeal dismissed.
7 Mar 2012

Moffatt v Accident Compensation Corporation

Citation

[2012] NZACC 76
Court

District Court

Because the appellant was not an earner at the date of injury, entitlement to weekly compensation could only arise, if at all, under the potential‑earner provisions (s105 and Schedule 1 clause 47), which require at least six months incapacity and contain income exclusions; the claimant’s short‑term post‑surgery incapacity did not meet those requirements and the Court is bound by Vandy, so the appeal is dismissed.