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Ruling Prompts Protest

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Posted 20 September 2004 - 09:33 AM

Ruling Prompts Protest

By John Gibb

Injured fisherman Darryl Kay took his one-man protest against ACC red tape to the streets of Dunedin yesterday, parking a red ribbon-draped car outside ACC headquarters in Maclaggan St.

A child's suitcase, draped in red ribbons, sat on the bonnet of the borrowed Toyota car, a nearby placard declaring: "Another ACC Case Wrapped Up."

Mr Kay (42), a second mate with more than 15 years fishing experience, initially badly broke his left arm in a motorcycle accident in Dunedin in 2001.

Because of his injury, which later required a second operation, he was able to make only one further fishing trip during the next two years, although ACC earnings-related compensation protected his income, which, in a normal year, ranged from $90,000 to $100,000, Mr Kay said.

In a normal year he was away from home for up to six months on fishing trips, working about 84 hours a week.

Earlier this year, he resumed fishing, but on his second trip, in June, he fell on a boat while fishing off the West Coast, slashing tendons in four fingers of his right hand.

Because of a limited recent earnings history, ACC assessed his compensation at $235 a week.

His savings were almost gone and he and his wife Daile, and 9-year-old twins Brooke and Dillan, were coming under growing financial pressure, he said.

"It's ridiculous, absolutely ridiculous," he said.

He had paid high ACC levies through his work, but his compensation had been assessed at less than the married unemployment benefit.

After talking to his case officer at the Dunedin ACC office at 9am yesterday, and achieving no further progress, he began his protest, which he maintained throughout the day.

ACC spokesman Richard Braddell, of Wellington, said ACC could not comment on the circumstances of a particular individual without their written consent.

Weekly compensation entitlements were set by legislation and ACC had no discretion over their application, Mr Braddell said.

For self-employed and shareholder employees, entitlements were determined according to their declared taxable income in the most recently completed tax year before the injury or incapacity, he said.

The Injury Prevention, Rehabilitation and Compensation Amendment Bill (No 3) was now before Parliament. That proposed legislation would give ACC more flexibility in considering a self-employed person's total earnings from all sources, he said.


Tuesday, 7-September 2004

http://www.odt.co.nz...=2004/07Sep2004

Taking a stand . . . Injured fisherman Darryl Kay (with bandaged fingers) protests outside Dunedin ACC headquarters yesterday.

PHOTO: JANE DAWBER

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#2 User is offline   jocko 

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Posted 20 September 2004 - 09:49 AM

Another fisherman. Fishermen pay the highest levies. That makes six fishermen I know of that are being embezzled of entitlements. I thought you had to be back at work for twelve months before they could change your ERC.
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#3 User is offline   doppelganger 

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Posted 20 September 2004 - 08:55 PM

I think something like that too
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#4 User is offline   hukildaspida 

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Posted 04 November 2011 - 08:58 PM

Does anyone know if this is the same Daryl KAY?

If it is shame on those whom treated him so badly.

We hope he is coping better and been treated more fairly now than when he had his accidents.


The terrible case about Emma Agnew, which is also elsewhere on http://www.accforum.org

http://tvnz.co.nz/co...5/4202557.xhtml

Prison officer tells of Reid's threat


Published: 3:41PM Friday October 17, 2008 Source: NZPA/ONE News


Related
Reid's prints found on Agnew's car
Student recalls attack in Agnew case

A woman corrections officer says Liam James Reid told her in prison that he wished it had been her daughter he had sexually attacked and strangled.

Reid is accused of the murder of Emma Agnew.

The woman, who has permanent name suppression, says he made the comment after she heard a conversation he was having with the man in the cell next door.

She told the High Court trial that she heard Reid discussing sexual prowess and sex games.

Reid then called out to her: "I wish it was your daughter I f****** and strangled."

She told the court she walked away, went to the guardroom, and wrote it down.

An hour and a quarter later, she again heard Reid yelling to the other inmate. She says she heard Reid say: "It was good to make the bitch beg. I had to strangle her to shut the silly cow up."

Defence counsel Glenn Henderson
cross-examined the officer who told him that she had overheard the conversation Reid was having and wanted to make sure the man listening was all right.

Henderson asked her if she had told Reid that he was a filthy little animal.

"No, I don't accept that, I have great respect for animals," she said.

A nurse also working in the at the men's prison says she too overheard shocking comments.

"I heard the other prisoner laugh and then I heard Reid yell out if you're going to kill them you may as well **** them first," she says.

She rejected Reid's lawyer claim that she was simply hearing prisoner bravado.

The court also heard via video link from a Japanese tourist who had been sightseeing and drinking with Reid just hours before the rape of a Dunedin student. She says she declined his repeated offers for sex.

Darryl Kay gave evidence that he drove Reid from Dunedin to Christchurch on November 24 after picking him up hitchhiking at the start of the motorway just out of Dunedin at 4am. Kay said Reid told him that he had just had a good night out.

He said Reid was very talkative at the start of the trip, and apologised for smelling badly. Kay said he was not comfortable with the conversation - he said it was crude stuff.

He says Reid told him his Mrs was a slut, that he could do whatever he liked to her, including punching her in the genital region.

The victim of a sex attack in Dunedin early on November 24 has told the court of her attacker punching her at least twice in the same area.

A pathologist also gave evidence of an injury from a similar blow being found on the body of Agnew.

Reid, 36, denies charges of raping and murdering Agnew, and the rape, sexual violation, attempted murder, and robbery of the woman in Dunedin.

The trial, which ended its second week on Friday, is before Justice Lester Chisholm and a jury.
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