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3.6.3 Intentionally self-inflicted

Paragraph 32(1)(c) of the MRCA provides that liability for an injury or disease will not be accepted if the injury or disease was intentionally self-inflicted, while the person was a member, except if the injury or disease results in serious and permanent impairment discussed below at 3.6.4.  The exclusion does not apply to claims for the acceptance of liability for death.

This phrase is conjunctive – the injury must be both self-inflicted by the person and inflicted by their own intentional act.  It is not sufficient for the injury to be inflicted by a grossly negligent act of the person;  this may, however, constitute serious default or wilful act in some circumstances.

The reasonable satisfaction standard of proof is to be used in determining whether a person's injury or disease was intentionally self-inflicted.