Open Access Te Herenga Waka-Victoria University of Wellington
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Entitlement to cover for chronic pain syndrome under the Accident Compensation Scheme

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posted on 2021-11-14, 00:44 authored by Bull, Juliet

Sufferers of primary chronic pain syndrome are not currently entitled to cover from New Zealand's Accident Compensation scheme. The Supreme Court decision in Allenby v H, which adopted a wider interpretation of the term "physical injury", presents an opportunity for the courts to reconsider whether chronic pain syndrome should constitute an injury. Policy factors, particularly the need to uphold the integrity of the legislation enacted by Parliament, demand that the status quo exclusion of chronic pain syndrome is maintained. A legislative amendment which clarifies this position is recommended.

History

Copyright Date

2013-01-01

Date of Award

2013-01-01

Publisher

Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Grantor

Te Herenga Waka—Victoria University of Wellington

Degree Name

LL.B. (Honours)

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Research Paper or Project

Language

en_NZ

Victoria University of Wellington School

School of Law