www.wairaka.net/ubinz/IR/items/1999A20DominionUnpaidWorkerACC.html

Dominion, 20 October 1999
 

VOLUNTARY work should not preclude someone from receiving accident compensation, ACC appeal judge Martin Beattie has ruled.

Judge Beattie has told ACC that it must cover a Levin woman who developed carpal tunnel syndrome in her wrist while working as a baker and-or chef.

The woman first claimed compensation in early 1997 when she developed the condition in her right wrist. She had been declined be- cause she was working without pay in a restaurant to gain experience, Judge Beattie said in a written judgement.

"Unfortunately the appellant did not seek to have the ruling of law tested on appeal to this [Palmerston North District] court where I can confidently say that decision would have been revoked," he said.

The woman underwent surgery. She began work in Levin New World's bakery later that year but because of the condition, pressure was put on her left wrist causing it too to develop the syndrome.

Again she applied for compensation but was denied it because ACC argued the injury did not arise out of and in the course of her employment.

Judge Beattie said he disagreed with ACC's submission that the woman had been working for four to five years before the onset of symptoms mostly as a volunteer or trainee so the activities should not be described as employment activities.

The fact that she was not paid for the work did not mean that she was not in employment, he said. "I find that it would be contrary to the spirit and intention of the act if a person were to suffer a gradual process injury during the course of job training and yet not be able to be covered for that injury."

ACC's decision was wrong and should be revoked, Judge Beattie said.

"The appellant is entitled to cover for her personal injury being left wrist carpal tunnel syndrome.

"If it were within my power or jurisdiction I would similarly declare that the respondent's decision to decline her cover for her right wrist carpal tunnel syndrome was wrong both in fact and in law."