ACCforum: Section 60 under 1982 Act - ACCforum

Jump to content

  • 2 Pages +
  • 1
  • 2
  • You cannot start a new topic
  • You cannot reply to this topic

Section 60 under 1982 Act issues to help personal story from a member AT

#21 User is offline   INTER 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 267
  • Joined: 19-August 14

Posted 24 June 2017 - 08:46 PM

Interesting Reading as i were 1 of those hard done by stories from 1977 & a 1984 & 1988 injuries that left my work impaired . and as most on here no i got no were except Sorry :
can't help you off to social welfare you go. So been on that ever since around 1988 0r 1989.

I Never got to have any rehabilitation or Assistance At all More due to fact in those days you had no idea you could apply for it :

ANY How THIS leads to me this Question CAN I GET any Assistance or Social Rehabilitation , Transport For Independence etc From My Early Claims under the 1972 & 1982 acc acts of the time they applied to .?

As i have a foot in the door at present - and they are asking me to have a medical assessment

TO get a clear understanding of what you have cover for now : Im a Bit iffy about saying ok as i no its a bound to be an acc trick to screw me of something as usual .

as assessment would cover from the 70's injuries most of which still affects some of the 2000+ injuries.

So wondering do i still get permanent cover for my 70/s & 80/s covered injuries that I WANT to Try Claim rehabilitation assistance - help etc on as a Separate claim to

as a back up if cover fails for 2001 act cover injuries .

0

#22 User is offline   Alan Thomas 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 10813
  • Joined: 10-June 06

Posted 24 June 2017 - 09:04 PM

doppelganger

View Postdoppelganger, on 24 June 2017 - 07:34 PM, said:

You along with ACC claim that there was no more Vocational Rehabilitation that ACc could complete.

This is because of the requirement of section 60.

60. Assessment of permanent incapacity---(1) Where an earner who
suffers personal injury by accident does not completely recover from his
incapacity due to the accident, as soon as the Corporation considers
that (so far as the consequences of the injury are concerned) his
medical condition is stabilised and all practicable steps have been
taken towards his retraining and rehabilitation,
the Corporation shall
review his case and make an assessment in writing of---

you keep advising everyone you have had the assessment and then advising everyone that your condition has not stablised.

May be it is you that hasn't read the legislation.

0

#23 User is offline   Alan Thomas 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 10813
  • Joined: 10-June 06

Posted 24 June 2017 - 09:18 PM

View PostINTER, on 24 June 2017 - 08:46 PM, said:

Interesting Reading as i were 1 of those hard done by stories from 1977 & a 1984 & 1988 injuries that left my work impaired . and as most on here no i got no were except Sorry :
can't help you off to social welfare you go. So been on that ever since around 1988 0r 1989.

I Never got to have any rehabilitation or Assistance At all More due to fact in those days you had no idea you could apply for it :

ANY How THIS leads to me this Question CAN I GET any Assistance or Social Rehabilitation , Transport For Independence etc From My Early Claims under the 1972 & 1982 acc acts of the time they applied to .?

As i have a foot in the door at present - and they are asking me to have a medical assessment

TO get a clear understanding of what you have cover for now : Im a Bit iffy about saying ok as i no its a bound to be an acc trick to screw me of something as usual .

as assessment would cover from the 70's injuries most of which still affects some of the 2000+ injuries.

So wondering do i still get permanent cover for my 70/s & 80/s covered injuries that I WANT to Try Claim rehabilitation assistance - help etc on as a Separate claim to

as a back up if cover fails for 2001 act cover injuries .



The legislation is in a hierarchical structure in a sequence.. To understand with you have an entitlement or not you need to go through a sequence of questions which I think you will be elbow answer quite quickly and easily.

Did you suffer from an accident event?= yes
were you injured?= yes
did you lodge an application for cover with the ACC to determine your entitlements?= yes
did the ACC decide within six months to determine whether you are temporarily or permanently incapacitated to return to your traditional mode of earnings? ???
If the ACC have not carried out an assessment to determine either temporary or permanent incapacity and have failed to issue a decision then the law requires the ACC to make such a decision.
As you have apparently continued to be incapacitated for any kind of work under the social welfare scheme (unable to work more than 15 hours per week in any job) then tthere will be medical evidence of your ongoing incapacity.

Gathered together your medical evidence and send it to the ACC and ask them to make a decision under the original ACC legislation as you seem to be covered from as far back as then which is pretty well much the same criteria as section 60 of the 1982 act.

It is really quite that simple when applying the legislation.

However traditionally and historically the ACC seem to consider it their duty to deny fulfilling their roles as administrators of the act with some kind of mistaken perception that they may withhold entitlements by whatever means they think they can get away with.
At some stage you will need a lawyer in the event that ACC refused to do anything which is probably what will happen. If ACC produced any kind of documented all for the purposes of denying an actual entitlement without a legal basis for doing so then the signatory to that letter has committed the crime by producing a document for pecuniary advantage of the ACC, insurance fraud.

As you are looking down the barrel of perhaps 40 years back payment of earnings compensation together with interest you are probably looking at a payment exceeding $1 million. The criminality of this is to the extent that the tariff for falsifying documents regarding such large sums is between 3-5 years imprisonment for the ACC staff member conspiring to withhold the compensation that belongs to you.

Don't take any excuses, But do take prisoners.
0

#24 User is offline   INTER 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 267
  • Joined: 19-August 14

Posted 24 June 2017 - 09:29 PM

View PostAlan Thomas, on 24 June 2017 - 09:18 PM, said:

The legislation is in a hierarchical structure in a sequence.. To understand with you have an entitlement or not you need to go through a sequence of questions which I think you will be elbow answer quite quickly and easily.

Did you suffer from an accident event?= yes
were you injured?= yes
did you lodge an application for cover with the ACC to determine your entitlements?= yes
did the ACC decide within six months to determine whether you are temporarily or permanently incapacitated to return to your traditional mode of earnings? ???
If the ACC have not carried out an assessment to determine either temporary or permanent incapacity and have failed to issue a decision then the law requires the ACC to make such a decision.
As you have apparently continued to be incapacitated for any kind of work under the social welfare scheme (unable to work more than 15 hours per week in any job) then tthere will be medical evidence of your ongoing incapacity.

Gathered together your medical evidence and send it to the ACC and ask them to make a decision under the original ACC legislation as you seem to be covered from as far back as then which is pretty well much the same criteria as section 60 of the 1982 act.

It is really quite that simple when applying the legislation.

However traditionally and historically the ACC seem to consider it their duty to deny fulfilling their roles as administrators of the act with some kind of mistaken perception that they may withhold entitlements by whatever means they think they can get away with.
At some stage you will need a lawyer in the event that ACC refused to do anything which is probably what will happen. If ACC produced any kind of documented all for the purposes of denying an actual entitlement without a legal basis for doing so then the signatory to that letter has committed the crime by producing a document for pecuniary advantage of the ACC, insurance fraud.

As you are looking down the barrel of perhaps 40 years back payment of earnings compensation together with interest you are probably looking at a payment exceeding $1 million. The criminality of this is to the extent that the tariff for falsifying documents regarding such large sums is between 3-5 years imprisonment for the ACC staff member conspiring to withhold the compensation that belongs to you.

Don't take any excuses, But do take prisoners.


did the ACC decide within six months to determine whether you are temporarily or permanently incapacitated to return to your traditional mode of earnings? ??? NO NO NO


If the ACC have not carried out an assessment to determine either temporary or permanent incapacity and have failed to issue a decision then the law requires the ACC to make such a decision. ( my screw over was a work trial :

trial for 1 month to see if i was capable of work TRICK was it was my at my doctors Request Not An ACC So got as u no Sorry can only pay you Erc up untill your employment would have Ended REGARDLESS

of if you had an injury or not :: Young dumb and no clue of the system = around 30 yrs on winz so far ::

But want to no if i can at least get something off them , were offered home help recently : First time in 30 yeras But said no thank you 30 years to late.

but i would like something else :::::::: thats what i trying to figure out _ What can i get to make up for my by now Million $$ loss in Erc : lol . as in the 80's at the time of injuries i was on around a $25k Salary.
0

#25 User is offline   Alan Thomas 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 10813
  • Joined: 10-June 06

Posted 25 June 2017 - 12:12 PM

View PostINTER, on 24 June 2017 - 09:29 PM, said:

did the ACC decide within six months to determine whether you are temporarily or permanently incapacitated to return to your traditional mode of earnings? ??? NO NO NO


If the ACC have not carried out an assessment to determine either temporary or permanent incapacity and have failed to issue a decision then the law requires the ACC to make such a decision. ( my screw over was a work trial :

trial for 1 month to see if i was capable of work TRICK was it was my at my doctors Request Not An ACC So got as u no Sorry can only pay you Erc up untill your employment would have Ended REGARDLESS

of if you had an injury or not :: Young dumb and no clue of the system = around 30 yrs on winz so far ::

But want to no if i can at least get something off them , were offered home help recently : First time in 30 yeras But said no thank you 30 years to late.

but i would like something else :::::::: thats what i trying to figure out _ What can i get to make up for my by now Million $ loss in Erc : lol . as in the 80's at the time of injuries i was on around a $25k Salary.


Okay if the ACC have never carried out an assessment to determine whether you are temporary or permanently incapacitated then your next step would be to ask the ACC to comply with the legislation in doing this.
Obviously if you have continued to be disadvantaged and disabled by your injuries and unable to return to your former occupation or work task activities relied upon for earnings and can provide medical evidence as to why to the ACC to assist them with their decision the only decision that will be available to the ACC would be that you were indeed permanently incapacitated and as such the ACC could only deliver a decision under section 60 which is permanent retirement.

Once the ACC have been forced to make the section 60 decision of permanent retirement they then have to calculate what your injuries would have been if you weren't injured, not to be based on just your historical earnings as the calculation is presently done and was done with section 59. You would then receive back pay For the entire time that you were not receiving earnings compensation together with interest for that amount. Obviously based on at the very least your former earnings the payout would be over $1 million plus interest. But of course if you were in the type of work that would involve a natural progression and development of a career in the ACC would have to pay for the expected increase in earnings capacity prior to your injury.

So we have a case here where a person has been robbed of probably a figure of somewhat more than $2 million. Now multiply that by all of the others the ACC had stripped of their wealth and lives enjoyment from that wealth combined with the percentage of those that would have committed suicide, failed marriages, disaffected families and disenfranchised injured claimants then stand back and look at the true horror of the evil ACC is bringing down upon those the legislation commissions them to serve. Rather than serve they have taken advantage of these injured individuals and robbed of them blind. This is not just hundreds but thousands of individuals.. The ACC now has stockpiled tens of billions of dollars. Of those tens of millions of dollars we can clearly see that at least some of that money belongs to this category of individuals that should have had a timely assessment in accordance with legislation under section 60 and been put on permanent retirement and funded earnings compensation for the rest of their lives as is required by that section.

Obviously due to the various court cases such as the King case the ACC is very well aware that they have stolen from the claimants they were meant to serve. This can only mean very significant periods of imprisonment for each of the ACC staff members who have done in the past perpetrators such crimes and those who are recently colluding with those criminals in the form of a conspiracy to withhold the money that is owed to these individuals. The period of incarceration for more than $1 million is usually five years in prison for each instance of such a crime. unfortunately the way our justice system works is when one person commits the same crime many times the term of imprisonments for each of those crimes runs concurrently But a judge may very well see it fit to hand down the maximum sentence if we do see crimes of such magnitude and horror as in these cases.
0

Share this topic:


  • 2 Pages +
  • 1
  • 2
  • You cannot start a new topic
  • You cannot reply to this topic

1 User(s) are reading this topic
0 members, 1 guests, 0 anonymous users