10 Dec 2008
CHAND V THE ACCIDENT COMPENSATION CORPORATION HC AK CIV 2008-485-000270
- Citation
- openlaw-241211d6_8181_4128_9a1e_0bca04fe5693.pdf
- Court
- High Court
The Court held the insurer is entitled to consider all relevant circumstantial evidence up to the date of its decision, including events occurring after the date of incapacity, when forming an opinion under clause 8(3) of Schedule 1 of the Accident Insurance Act 1998 as to whether the claimant was in permanent employment; no implied limitation restricting the insurer to evidence available at the date of incapacity was to be read into the clause and an employer's letter is not automatically determinative.