8 May 2017
Pearson v Accident Compensation Corporation (Weekly Compensation)
- Citation
- [2017] NZACC 58
- Court
- District Court
The Corporation correctly applied s53 by averaging fluctuating pre-accident earnings over the relevant 12-month period (including Seatranz and McNeill earnings) to reach a fair and reasonable ERC; the 2015 reconfirmations were not fresh reviewable decisions under the Act or s390 because the Corporation did not exercise its revision power to substitute a new decision; and the 24 September 2015 correspondence was a request to revise earlier decisions not a fresh claim for entitlements, so no unlawful delay accrued—therefore all appeals fail.