24 Mar 2011
C V ACCIDENT COMPENSATION CORPORATION HC AK CIV 2010-404-6195
- Citation
- openlaw-c79cd30e_0506_439d_9011_2a1f32ef5e6a.pdf
- Court
- High Court
Applying binding Court of Appeal authority (ACC v D) and statutory provisions, continuation of pregnancy in this case did not constitute a personal injury of the mother for which ACC cover is available; even if the fetal lesion continued due to misdiagnosis, where the child is born alive the child, not the mother, is the person entitled to claim for antenatal injury; the Corporation validly revised the deemed decision under s65 because the deemed grant of cover was an error and s65 permits revision to avoid an unjustified windfall.