New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Definition of prosthesis

Legal area

Court

22 Sept 2008

Accident Compensation Corporation v McCarron

Citation

[2008] NZACC 236
Court

District Court

The gastric band is not a 'prosthesis' within the meaning of s26(1)(e) of the Act and its malfunction did not cause physical injury to the body; therefore there was no 'personal injury' and no 'treatment injury' under s32, so the Review decision was wrong and the primary decision declining cover is reinstated.
30 Jan 2004

Burtenshaw v Accident Compensation Corporation

Citation

[2004] NZACC 5
Court

District Court

The pedicle screw is an internal support or fixation device (an internal splint) and not an artificial substitute that replaces a missing body part; therefore it is not a 'prosthesis that replaces a part of the human body' within s26(1)(e) and damage to it is not 'personal injury' covered by the Act (and is analogous to items excluded by s26(5)).