28 Mar 2013
Nakubu v Accident Compensation Corporation
- Citation
- [2013] NZACC 90
- Court
- District Court
On the evidence the retrospective medical certification by Dr McCoubrey, supported by the operating surgeon Dr Birks, established that the claimant was incapacitated because of his injury up to 12 January 2009; the employer's reliance on immigration status did not negate the medical incapacity and ACC/employer bore the burden to justify termination of weekly compensation, therefore the appeal succeeds and weekly compensation must be paid for the period up to 12 January 2009.