21 Jul 2006
ACC V MCDOUGALL HC WN CIV-2005-485-2171
- Citation
- openlaw-ba467b68_4967_4d29_b64d_bee98a9d277e.pdf
- Court
- High Court
The phrase 'required to return to work' in cl 44(3) is not limited to a requirement imposed by the employer; it encompasses situations where law, external circumstances, or a mutual expectation would have required the claimant to return. The commencement date for entitlement under cl 44(3) is a question of fact in each case, to be determined by assessing the claimant's circumstances at the time of claim; the claimant bears the evidential burden to establish when they would otherwise have been required to return to work.