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Relief for Alan if he wants to solve his problem. If Correct Allan can claim ACC supplied false information to the court

#1 User is offline   doppelganger 

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Posted 06 June 2017 - 08:16 PM

View PostAlan Thomas, on 06 June 2017 - 04:56 PM, said:

the whole case have any relevance to what actually happened.
In summary the ACC claim to possess information that I was working and have since confessed that they never had any information. In the meantime the ACC were able to secure a criminal fraud conviction on the basis that they had information of which now they acknowledge than did not have. The district court directed the ACC to disclose the information they claimed to have but the ACC did not so the judge acknowledged the absence of information and instead made an entirely different decision that was not based on any information that the ACC claim to possess. In other words the decision had absolutely no relationship whatsoever to the decision letter cancelling my claim and as such the decision was entirely defective.. Mini you need to get behind these types of cases and provide much-needed support rather than attacking everybody and anybody that you take a dislike to. tthis is not a competition but rather an environment where we are all seeking help and all doing what we can to help one another. It is not ever going to be allowed to descend to the level's of debauchery that it has been taken to in recent times.

Upwards and onwards.


If you have that the ACC had no information that you were working and earning then there claim you were working was false for the purpose to remove your entitlements.

Just other parts of the Acts ACC abused in your case is these definitions

‘Handicap’ means a disadvantage for a person resulting from an impairment or a disability that limits or
prevents the fulfilment of a role that is considered normal (depending on age, sex, social, and cultural
factors) for that person:
‘Impairment’ means any loss or abnormality of psychological, physiological, or anatomical structure or
function:
‘Incapacity’ means incapacity for employment; and includes absence from employment by reason of
necessary health care treatment or service of a kind for which the Corporation is required or permitted to
make payments either directly or indirectly (irrespective of whether or not it makes any payment in the
particular case) in respect of personal injury covered by this Act:
[Definition of “incapacity” amended by No 106 of 1996, s 24 and sch, by omitting “or an exempt
employer” after “the Corporation”; effective 2 September 1996.
Definition of “incapacity” substituted by No 55 of 1993, s 2(2), effective 1 July 1993. Former definition
read:
“‘Incapacity’ means incapacity for employment; and includes absence from employment by reason of
necessary health care treatment or service of a kind for which the Corporation or an exempt employer is
required or permitted to make payments under this Act (irrespective of whether or not it makes any
payment in the particular case) required for personal injury:”.]
.
as well as
37A DETERMINATION OF INCAPACITY IN RELATION TO EARNERS GENERALLY
(1) For the purposes of this Part of this Act, the Corporation shall determine the incapacity of a person (other
than a person to whom section 37B of this Act applies) in accordance with this section.
(2) The object of a determination of incapacity under this section is to determine whether or not the person is, by
reason of his or her personal injury, for the time being unable to engage in employment in which the person was
engaged when the personal injury occurred.

Certificates are not to determine if a claimant can do other work.
Next step is to bring prosecution to the ACC staff involved as well as the gathering of the information as well as the staff that instigated the prosecuting
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#2 User is offline   MINI 

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Posted 07 June 2017 - 10:37 AM

View Postdoppelganger, on 06 June 2017 - 08:16 PM, said:

If you have that the ACC had no information that you were working and earning then there claim you were working was false for the purpose to remove your entitlements.

Just other parts of the Acts ACC abused in your case is these definitions

‘Handicap’ means a disadvantage for a person resulting from an impairment or a disability that limits or
prevents the fulfilment of a role that is considered normal (depending on age, sex, social, and cultural
factors) for that person:
‘Impairment’ means any loss or abnormality of psychological, physiological, or anatomical structure or
function:
‘Incapacity’ means incapacity for employment; and includes absence from employment by reason of
necessary health care treatment or service of a kind for which the Corporation is required or permitted to
make payments either directly or indirectly (irrespective of whether or not it makes any payment in the
particular case) in respect of personal injury covered by this Act:
[Definition of “incapacity” amended by No 106 of 1996, s 24 and sch, by omitting “or an exempt
employer” after “the Corporation”; effective 2 September 1996.
Definition of “incapacity” substituted by No 55 of 1993, s 2(2), effective 1 July 1993. Former definition
read:
“‘Incapacity’ means incapacity for employment; and includes absence from employment by reason of
necessary health care treatment or service of a kind for which the Corporation or an exempt employer is
required or permitted to make payments under this Act (irrespective of whether or not it makes any
payment in the particular case) required for personal injury:”.]
.
as well as
37A DETERMINATION OF INCAPACITY IN RELATION TO EARNERS GENERALLY
(1) For the purposes of this Part of this Act, the Corporation shall determine the incapacity of a person (other
than a person to whom section 37B of this Act applies) in accordance with this section.
(2) The object of a determination of incapacity under this section is to determine whether or not the person is, by
reason of his or her personal injury, for the time being unable to engage in employment in which the person was
engaged when the personal injury occurred.

Certificates are not to determine if a claimant can do other work.
Next step is to bring prosecution to the ACC staff involved as well as the gathering of the information as well as the staff that instigated the prosecuting


Doopleganger

Allan Thomas has already been to Court with section 37A B and section 51. I think he may have gone to the High Court. You can look it up in the nzlii, it should tell you in there. it was dismissed.

Mini
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