14 Aug 2012
RN v Accident Compensation Corporation
- Citation
- [2012] NZACC 273
- Court
- District Court
The Court dismissed the appeal: invasion of bodily integrity from sexual abuse, without evidence of distinct physical injury, does not automatically qualify as a 'physical injury' for the Act; s36's treatment rule meant the claimant's date of mental injury occurred when treated as that mental injury (after age 18), so she did not qualify as a potential earner; the Court had no jurisdiction to make a primary finding of physical injury that the Corporation had not addressed and the correct course is referral to the Corporation for a primary decision where appropriate.