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Woman who was a battered baby fights for ACC


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#1 Wing nut

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Posted 18 October 2017 - 07:28 PM

https://www.stuff.co...-fights-for-acc

 

Woman who was a battered baby fights for ACC
Last updated 19:24, October 18 2017



A woman knew nothing about being injured as a baby, until her adoptive parents told her. (File photo)

A woman who was battered as a baby is fighting for accident compensation cover.

The woman, now nearly 40, has depression, a pain disorder, and cannabis dependency.

She is fighting to have ACC's refusal of her claim overturned.
Justice Simon France will decide if the woman is allowed a second appeal in her accident compensation case.
KEVIN STENT/STUFF

Justice Simon France will decide if the woman is allowed a second appeal in her accident compensation case.

At the High Court in Wellington on Wednesday her lawyer asked to be allowed to appeal against a District Court judge's decision upholding ACC's decision.

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Justice Simon France reserved his decision.

The woman's lawyer, Louise Newman, said that as a baby the woman had suffered extensive skull fractures thought to have been caused by her mother.

The baby was made a ward of the state. The injuries healed before she was about two, and when she was about five years old her adoptive parents told her about the abuse.

She had no memory of the injuries but being told of it later caused increasing distress, a psychiatrist said. She told a doctor that her mother had wanted her dead.

Accident compensation law has changed over the years, and if a claim had been filed for her when she was a baby she might have access to cover that she would not get for a claim made now, but ACC cannot find a record of an old claim for her.
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The woman has now made a claim for mental injury but under current law there has to be a causal link between the physical and mental injuries.

Newman argued for a generous interpretation of the causal link, so that it did not have to be a direct or significant link. A minor role was still a role.

Medical professionals disagreed on the link between the mental injury the woman wanted covered, and the physical injury she suffered.

ACC's lawyer, Dane Tuiqereqere, supported the decisions refusing her claim, and the original decision to decline a second appeal.

He argued for a direct causal link between the physical and mental injuries.

The woman's case was unusual because the physical injuries completely healed and she had no memory of them, he said.

Parliament had deliberately chosen to confine cover for mental injuries, Tuiqereqere said. If an indirect cause was enough to get ACC cover the law would have said so.

- Stuff

 

https://www.stuff.co...-fights-for-acc


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