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!ACC claim for pregnancy
Kerry scribbled:
A woman who fell pregnant after having her tubes tied has won the right to claim ACC compensation - based on the argument her pregnancy was a "personal injury". A woman who fell pregnant after having her tubes tied has won the right to claim ACC compensation - based on the argument her pregnancy was a "personal injury". According to the woman's lawyer, the decision could now be applied to other failed contraceptive measures - including broken condoms or falling pregnant while on the pill. The judgment came after the woman - who cannot be identified - applied to ACC for compensation when she became pregnant after having a tubal ligation. Her initial compensation claim was denied and the woman appealed, resulting in the district court judgment. ACC has since appealed to the High Court. In his decision released last week, Wellington District Court judge John Cadenhead found the 31-year-old woman's pregnancy could be considered a "personal injury' and she had the right to lodge a claim with ACC. ROTFLOL I await in anticipation the first ACC claim from a man who says his vasectomy/condom failed and his wife/girlfriend/mistress is pregnant; He needs compensating for the pain and suffering for this 'personal injury' and for the future (or current) very real risk of having to pay child support after doing all he could to prevent himself becoming a father.... I wonder if the ACC would insist of both parties getting a DNA test to prove parentage..... This case/precedent has the distinct possibility of revealing a lot of things many women and men would not want revealed. Maybe that's why the ACC took it to court.... Would the court accept the same/similar argument of 'personal injury' from a man that it accepted from this woman???? -- Replace the obvious with paradise.net to email me Found Images http://homepages.paradise.net.nz/~mlvburke |
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