25 Nov 2013
Where precise income details are unavailable ACC may estimate earnings under Clause 50; Clause 41 does not apply to post-incapacity years; business losses cannot be used to reduce abatable earnings; accordingly ACC's calculation and payment of $75,736.31 in arrears was correct and the Estate is not entitled to further sums; appeal dismissed.
12 Jun 2003
The appeal is allowed because the statutory scheme requires weekly earnings to fairly and reasonably represent the insured’s remuneration; dividing $6,300 (earnings earned over five weeks) by 13 produced an unfair and purposively inconsistent result. The proper calculation in the circumstances is to apply the Clause 9-style approach or, where appropriate, Clause 20 estimation so the earnings are divided by the actual weeks (five) that produced them; accordingly the respondent’s application of a 13-week divisor under Clause 16(4)(b)(i) was incorrect in this case and the entitlement must be rec…