26 Oct 2012
Accident Compensation Corporation v Kingi
- Citation
- [2012] NZACC 351
- Court
- District Court
The Court held that the post‑traumatic osteoarthritis was a separate personal injury under s20(2)(g) and, on the facts, manifested in April 2009; the correct date of that consequential injury is the date it became manifest and incapacitating (April 2009), so Mr Kingi was an earner at the time of that incapacity and entitled to cover and to be considered for weekly compensation from that date; while a formal claim may often be required, on these facts the Corporation should recognise cover effective from the April 2009 incapacity certification (no later than the May 2009 ARTP).