A.C.C. pay-out for saveloy sickness

Press, 28 November 1988, Page 38

A.C.C. pay-out for saveloy sickness

PA Wellington A seaman who became seriously ill after eating contaminated saveloys has won his claim for accident compensation payments. The Accident Compensation Appeal Authority’s decision on the case has established that food poisoning constitutes personal injury by accident and is covered by the Accident Compensation Act. In his decision, District Court Judge A. W. Middleton said that the appellant, a seaman, aged 60, had been fit all his working life. But in December, 1984, he suffered acute food poisoning after eating saveloys while on morning watch duty. From that point, he was almost continuously ill, developing multiple lung clots and kidney disease. The man's general practitioner and cardiologist both considered the man’s health problems were caused by toxic poisoning from the saveloys, Judge Middleton said. The Accident Compensation Corporation refused his compensation claim after its medical adviser said it was extremely unlikely the food poisoning caused the seaman’s other problems. The seaman then appealed to the Accident Compensation Appeal

Authority. Judge Middleton said he accepted food poisoning had led to the mans subsequent illness. The remaining point to be settled was the question of whether food poisoning constituted personal injury by accident. Judge Middleton said the unwitting consumption of contaminated food, bringing unintended consequences, brought it within the act’s definition of personal injury by accident. Costs of $450 were awarded to the man.