MC v ACC and New Zealand Defence Force (2016)

A veteran who came home from Afghanistan disturbed by what he saw in war as well as in his police career is finally to receive mental injury cover for his PTSD.

In 2009, MC was into his second tour of Afghanistan when his base was subjected to fatal rocket attacks. Amongst other atrocities, he also witnessed the explosion of a military helicopter carrying 16 people. After he returned home, he was diagnosed with PTSD and Depression. ACC and the NZDF (as an ACC accredited employer) declined mental injury cover for our client on the grounds that his PTSD was due to a series of events, not a single event, and that the legislation did not cover a gradual process injury of this type. We argued that an event could encompass a series of discrete events that were all contributory, and that his tour of duty of Afghanistan could be considered an event in itself. The judge questioned the interpretation, agreeing with JML that being on duty on a hostile and dangerous environment did amount to a single incident and that he was entitled to cover because his Afghanistan tour caused him mental injury.

Represented by JOHN MILLER LAW
Veteran’s win against ACC opens the way for others rnz.co.nz
Read an article on stuff.co.nz
Ex-soldier wins ‘watershed’ post-traumatic stress case – rnz.co.nz

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