New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Sensitive claim (sexual abuse)

Legal area

Court

3 Apr 2012

Lee v Accident Compensation Corporation

Citation

[2012] NZACC 116
Court

District Court

Judge preferred the psychiatric opinions (Dr Collier and consistent Dr Darby), found appellant carried out stunt work when available from December 1999 to October 2003, concluded substance abuse was not established as injury‑related for material times and therefore appellant was not 'incapacitated' as defined by the Act for the claimed backdated period; incapacity arose from the October 2003 knee injury (and a non‑injury related sickness period April–Dec 2002).
12 Aug 2008

S v Accident Compensation Corporation

Citation

[2008] NZACC 182
Court

District Court

The Court applied the Court of Appeal's interpretation in Fenemor and the amended s 377 to require deduction of the prior lump sum percentage from the combined Whole Person Impairment for pre‑2002 covered injuries; the combined pre‑1999 WPI of 28% minus the prior lump sum percentage of 51% yields no entitlement to an independence allowance, and the post‑2002 assessed WPI of 5% is below the 10% threshold for lump sum, therefore both respondent decisions are upheld.