28 Jun 1994
Way v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1994] NZACC 29
- Court
- District Court
Judge found respondent and Review Officer erred by over-relying on limited hearsay statements and by not giving full weight to medical reports and supporting evidence; appellant did not breach s.64 to an extent justifying cancellation; s.49 was not the operative ground (transitional deeming under s.139 considered); on s.37 medical evidence and corroboration established appellant remained incapacitated for pre-accident employment; therefore cessation from 26 March 1993 was unlawful and earnings-related compensation must be reinstated from that date; costs awarded to appellant.