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Accident Compensation Act 2001

Entitlements and related matters - Incapacity for employment

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

You could also call this:

"ACC decides if certain people can't work due to injury"

The Corporation must decide if certain people are unable to work because of their injury. This applies to you if you're considered to still be working even though you've stopped, if you're a potential earner, or if you've bought the right to get weekly payments.

The Corporation will look at whether you can do work that fits your experience, education, or training because of your injury. They'll only look at injuries that are covered by this Act.

This rule is meant to be clear about which injuries count when the Corporation is making their decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101462.

Topics:
Health and wellbeing > Healthcare servicesWork and jobs > Worker rights
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106: Effect of determination under section 105 on entitlement to weekly compensation, or

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Part 4Entitlements and related matters
Incapacity for employment

105Corporation 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—

  2. 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
    1. is a potential earner; or
      1. has purchased the right to receive weekly compensation under section 223.

        1. 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.

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

        3. Subsection (3) is for the avoidance of doubt.

        Notes
        • Section 105 heading: substituted, on , by section 19(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
        • Section 105(1)(a): amended, on , by section 19(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
        • Section 105(3): added, on , by section 22 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
        • Section 105(4): added, on , by section 22 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).