3 Apr 2008
Sam v Accident Compensation Corporation
- Citation
- [2008] NZACC 69
- Court
- District Court
The appellant failed to prove, on the balance of probabilities, the causal mechanism of the perinatal hypoxic event; without established causation the injury cannot be shown to be 'caused by an accident'. Even if an external cause is assumed, s25(1)(a) does not apply because while in utero the foetus forms part of the mother and any qualifying force must be external to the mother's body; s25(1)(e) does not apply because 'exposure to extremes of environment' contemplates exposure external to the body and the mother was not exposed to such an extreme environment. Therefore ACC's decision to dec…