New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Pregnancy cover

  • 14 Oct 2015

    J v Accident Compensation Corporation

    Citation
    [2015] NZACC 311
    Court
    District Court

    Leave to appeal was granted because the central legal question—whether s103(2) of the Accident Compensation Act 2001 can be satisfied by non-physical consequences of pregnancy (specifically childcare obligations arising from pregnancy caused by failed sterilisation) so as to render the claimant unable to return to pre-injury employment—is a question capable of bona fide and serious argument and of public importance; the District Court had held that the respondent remained incapacitated because of her covered injury and that conclusion raises legal issues appropriate for High Court determinati…

  • 31 Jul 2015

    J v Accident Compensation Corporation

    Citation
    [2015] NZACC 222
    Court
    District Court

    Because the appellant was granted cover for pregnancy resulting from a failed sterilisation, the predictable consequence of having a dependent child is part of the covered personal injury; therefore inability to resume pre-injury employment due to caring for that child is incapacity 'because of' the personal injury under s103(2), entitling the appellant to weekly compensation.