20 Jun 2013
The Court held that incapacity commenced on the date of surgery (10 November 2008); the claimant was not an earner immediately before that date because she had ceased employment earlier; pre-treatment relocation did not qualify as incapacity under s6(b) absent medical evidence that leaving employment was necessary for treatment; therefore claimant was not entitled to weekly compensation.
22 Mar 2012
Because the appellant was not an earner at the time when clear incapacity was evidenced (hospital admission and surgery on 3 October 2008) and there is insufficient medical evidence showing he was incapacitated from 9 May 2008 to October 2008, ACC correctly declined weekly compensation and the appeal must be dismissed.
9 Mar 2004
The acute extrinsic allergic alveolitis for which cover was granted has resolved upon removal from the mushroom farm environment; the appellant is not prevented by the covered personal injury from resuming his employment generally but is restricted only by a genetic predisposition to certain antigens found in that environment; under s85(2) incapacity is not established and suspension of entitlements under s116 was correctly upheld.