Accident Compensation Act 2001

105 Corporation to determine incapacity of certain claimants who, at time of incapacity, had ceased to be in employment, were potential earners, or had purchased weekly compensation under section 223

(1)

The Corporation must determine under this section the incapacity of a claimant who—

(a)

is deemed under clause 43 of Schedule 1 to continue to be an employee, a self-employed person, or a shareholder-employee, as the case may be; or

(b)

is a potential earner; or

(c)

has purchased the right to receive weekly compensation under section 223.

(2)

The question that the Corporation must determine is whether the claimant is unable, because of his or her personal injury, to engage in work for which he or she is suited by reason of experience, education, or training, or any combination of those things.

(3)

The references in subsection (2) to a personal injury are references to a personal injury for which the person has cover under this Act.

(4)

Subsection (3) is for the avoidance of doubt.

Compare: 1998 No 114 s 87

Section 105 heading: substituted, on 1 August 2008, by section 19(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 105(1)(a): amended, on 1 August 2008, by section 19(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Section 105(3): added, on 11 May 2005, by section 22 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Section 105(4): added, on 11 May 2005, by section 22 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).