New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Incapacity timing

Legal area

Court

6 Nov 2013

Wendt v Accident Compensation Corporation

Citation

[2013] NZACC 376
Court

District Court

On the balance of probabilities the medical evidence established the appellant's right wrist injury was an incapacitating condition preventing normal work prior to and as at 18 March 2011 when he ceased employment; accordingly weekly compensation is payable from 18 March 2011 and the respondent's decision declining weekly compensation is quashed.
8 Mar 2010

Pratley v Accident Compensation Corporation

Citation

[2010] NZACC 42
Court

District Court

Weekly compensation entitlement and calculation depend on earnings immediately before the specific period of incapacity; drawings are not earnings; the appellant had no earnings as a shareholder-employee immediately before the May 2008 incapacity and therefore had no entitlement to weekly compensation and clause 42 did not apply.