A.C.C. payment increased in vasectomy case

Press, 4 March 1988, Page 14

A.C.C. payment increased in vasectomy case

PA Wellington i A Tokoroa man who ( complained that a vasec- | tomy left him with little | enjoyment of sex has j been awarded an extra ( $3500 by the Accident ■ Compensation Appeal( Authority. The man, aged 41, had ! a vasectomy in 1977 and) had suffered constant pain in the base of the testes and scrotum since,' said Judge Middleton in his! decision. “The pain is continuous and is exacerbated by any form of vigorous activity,” the Judge said. “It is also a source of pain and discomfort after inter-

course and the appellant says the expectation of this problem restricts his desire for sex, which has caused both him and his wife emotional problems.” ! The cause of the pain was not diagnosed until 1986 but the Accident Compensation Corporation paid only $4OOO, the amount it considered appropriate in 1979. Under the A.C.C. Act, an award must be made either when the medical situation stabilises or after two years, whichever comes first. The appellant submitted it was unreasonable to backdate the award because of the con-

tinuing . pain and the length of time before the problem was diagnosed. The failure to diagnose the problem earlier had resulted in numerous visits to doctors and three admissions to hospital, he said. It was expected the pain and emotional problems would continue indefinitely, as successful treatment was unlikely. Judge Middleton ruled that the corporation’s review officer had not given sufficient regard to the extent of the appellant’s pain and the embarrassment and difficulty it caused him. He increased the award from $4OOO to $7500.