3 Jul 2008
Owen v Accident Compensation Corporation
- Citation
- [2008] NZACC 144
- Court
- District Court
Applying the postal presumptions in s307 and ordinary NZ Post delivery timeframes, the hearing notice was given within the statutory three month period so no deemed review decision arose; on the substantive appeal the appellant failed to prove exceptional circumstances under s117(3B) because evidence was general, lacked contemporaneous medical proof of incapacity, and showed repeated failures to attend or communicate, therefore ACC was correct to decline backdating of weekly compensation.