19 Jul 2017
Haliburton v Accident Compensation Corporation (Weekly Compensation)
- Citation
- [2017] NZACC 82
- Court
- District Court
The court held incapacity commenced on 16 February 2014 (date of accident), the claimant had commenced self-employment in the same tax year so clause 38(2)(a) applied producing nil employee earnings and low calculated weekly earnings, clause 42 then required adjustment to the statutory minimum; the contract and alleged industry practice did not establish continued employment across rostered downtime and ACC had no discretion to depart from the statutory formula, therefore the Corporation's assessment was correct and the appeal is dismissed.