5 May 1998
Bow v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1998] NZACC 91
- Court
- District Court
The Corporation correctly applied s40(2) and the Earnings Definitions Regulations in excluding dividends and drawings from 'earnings as an employee', so the appellant had no calculable employee earnings in the relevant 52 weeks and was entitled to the minimum under s43; however Regulation 10 can apply to determine reasonable remuneration for a shareholder-employee and the matter is remitted to the Corporation to exercise that discretion.