New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Retrospective entitlements

Legal area

Court

30 Apr 2014

Lewer v Accident Compensation Corporation

Citation

[2014] NZACC 110
Court

District Court

The appellant's 1997 written termination of home help and child care meant no existing entitlements were preserved by the 2001 Act; there is insufficient contemporaneous evidence of an injury‑related need between 1997 and 2010 to justify backdating; s83 limits backdating and does not permit retrospective entitlement prior to the legislation's operative constraints; however the respondent failed properly to assess child care from the appellant's 4 September 2010 application, so the review decision is modified to require that assessment.
10 Jun 2013

Thomson v Accident Compensation Corporation

Citation

[2013] NZACC 160
Court

District Court

There was insufficient contemporaneous evidence to conclude that the appellant was unable, because of his covered injury, to engage in his pre-injury employment during the claimed retrospective period; because the appellant returned to and performed that employment from July 1999 until May 2005 and ACC had not adequately investigated the precise nature of the pre- and post-injury employment, the Court affirmed the reviewer’s direction that ACC must obtain the job description and employer evidence and make a fresh decision.