New Zealand's Accident Compensation Scheme and Chronic Pain Syndrome

(2014) 45 VUWLR 53

26 Pages Posted: 24 Nov 2015

See all articles by Juliet Bull

Juliet Bull

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: 2014

Abstract

Chronic pain syndrome does not currently constitute a physical injury under New Zealand's Accident Compensation scheme. This article considers the correctness of this exclusion given the Supreme Court's adoption in Allenby v H of an expanded interpretation of the term "physical injury", in deeming pregnancy to be an injury. It concludes that policy factors, particularly the need to uphold the integrity of the legislation enacted by Parliament, demand that the exclusion of chronic pain syndrome is maintained.

Keywords: Acccident Compensation Corporation, workplace injury, tort reform, chronic pain syndrome, fibromyalgia

JEL Classification: K13, K19

Suggested Citation

Bull, Juliet, New Zealand's Accident Compensation Scheme and Chronic Pain Syndrome (2014). (2014) 45 VUWLR 53, Available at SSRN: https://ssrn.com/abstract=2692426

Juliet Bull (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, 6140
New Zealand

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