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)).