13 Apr 2011
Kogler v Accident Compensation Corporation
- Citation
- [2011] NZACC 118
- Court
- District Court
Because the appellant was a schoolboy when injured and thus cannot satisfy the s103(2) incapacity test required for clause 32, and because there was no medical break in the causal chain (subsequent employment was short and only relevant for abatement), the appellant remains within s105(2)/clause 47 LOPE entitlement; transitional s365 does not convert that status into an earnings‑based entitlement absent meeting s103(2) or a break in causation, therefore the respondent's LOPE decision is correct.