So heres a question for the ACC experts.

I have had a person injured. He had a couple of days off and then came back to work

In the first week of incapacity (which I have taken as his first day away) he lost two days gross pay because he was only away for 2 days. He was then paid the rest of the time that the worked when he came back to worlk that week. So I gave him 80% of the two days.

So I interpret S92(2) to mean you look at the first week not days or hours. The first time a person is incapacitated is the start that first week. (It doesn't have to be the day on or immediately following the date of injury - its date of incapacity.

If the person usual earning were $1,000 a week (calculated as per S92 (3) - which clearly points to the week before the incapacity - which can only be calculated when you know the first day of incapacity.) and that person looses $200 in earnings due to the incapacity during that week then compo is 80% of $200.

And once that is done our liability for first week compo is done. Any subsequent loss of earnings due to incapacity is on ACC.

So now months later the employee has had some time off, its due to the original; injury (I'm not going to contest that). But the view (from ACC) is I have to pay him compo on our account, rather an ACC paying it.

I reckon ACC should be foot the bill.

And I take comfort from the interpretation of first week which is

first week of incapacity means the period—
(a) starting,—
(i) in a case where there are separate periods of incapacity resulting from the same personal injury, on the day on which the initial period of incapacity commences;

Thoughts please.