25 May 2012
Robinson v Accident Compensation Corporation
- Citation
- [2012] NZACC 181
- Court
- District Court
Under s38 the claimant was deemed to have suffered the treatment injury on 20 May 1993; under s103(2) incapacity must be assessed against the employment held at that deemed injury (bank teller) and the period of incapacity is the period the claimant could not have performed that pre‑injury employment (three months). However, Schedule 1 Clauses 32 and 39 require the quantum of weekly compensation to be calculated by reference to the claimant's earnings immediately before the commencement of incapacity, so the respondent's back‑dated payment for three months, calculated from the appellant's pre…