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Mental Injury - What date does it go from?

#1 User is offline   jordan 

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Posted 07 September 2018 - 02:32 PM

Hi there,

A bit confused as to what date this goes from. If found to be 'mentally' impaired as they call it does it get backpaid to the date of the injury?
Thanks
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#2 User is offline   INTER 

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Posted 10 September 2018 - 03:00 PM

hard luck story will go from date it was assessed .
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#3 User is offline   MINI 

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Posted 11 September 2018 - 10:15 AM

Will depend if it is Mental caused by physical or PTSD. Find a section it comes under in the Act, then work from whatever it is named.

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#4 User is offline   doppelganger 

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Posted 26 September 2018 - 10:05 PM

the legislation is clear and is in section 36.

36 Date on which person is to be regarded as suffering mental injury
(1) The date on which a person suffers mental injury in the circumstances described
in section 21 or 21B is the date on which the person first receives treatment
for that mental injury as that mental injury.
(2) The date on which a person suffers mental injury because of physical injuries
suffered by the person is the date on which the physical injuries are suffered.
(3) In subsection (1), treatment means treatment of a type that the person is entitled
to under this Act or a former Act.
(4) This section does not apply for the purposes of clause 55 of Schedule 1.
Compare: 1998 No 114 s 44
Section 36(1): amended, on 1 October 2008, by section 12 of the Injury Prevention, Rehabilitation,
and Compensation Amendment Act 2008 (2008 No 46).

So its depends on why your injury accurred.

Section 21 and 21b

21 Cover for mental injury caused by certain criminal acts
(1) A person has cover for a personal injury that is a mental injury if—
(a) he or she suffers the mental injury inside or outside New Zealand on or
after 1 April 2002; and
(B)/> the mental injury is caused by an act performed by another person; and
© the act is of a kind described in subsection (2).
(2) Subsection (1)© applies to an act that—
(a) is performed on, with, or in relation to the person; and
(B)/> is performed—
(i) in New Zealand; or
(ii) outside New Zealand on, with, or in relation to a person who is
ordinarily resident in New Zealand when the act is performed; and
© is within the description of an offence listed in Schedule 3.
(3) For the purposes of this section, it is irrelevant whether or not the person is ordinarily
resident in New Zealand on the date on which he or she suffers the
mental injury.
(4) Section 36 describes how the date referred to in subsection (3) is determined.
(5) For the purposes of this section, it is irrelevant that—
(a) no person can be, or has been, charged with or convicted of the offence;
or
(B)/> the alleged offender is incapable of forming criminal intent.
Compare: 1998 No 114 s 40
Reprinted as at
17 December 2016 Accident Compensation Act 2001 Part 2 s 21
47
21A Cover under Accident Rehabilitation and Compensation Insurance Act
1992 for mental injury caused by certain criminal acts
(1) This section applies to persons who suffered personal injury that is mental or
nervous shock suffered as an outcome of any act of any other person, which
act—
(a) was performed on, with, or in relation to the claimant (but not on, with,
or in relation to any other person); and
(B)/> was within the description of any offence listed in Schedule 1 of the Accident
Rehabilitation and Compensation Insurance Act 1992 (the 1992
Act); and
© was performed before 1 July 1992 (including before 1 April 1974) and
was performed—
(i) in New Zealand; or
(ii) outside New Zealand, and the claimant was ordinarily resident in
New Zealand within the meaning of the 1992 Act when the act
was actually performed.
(2) For the purpose of subsection (1),—
(a) the personal injury is deemed to have been suffered on the date of the
first treatment that the claimant received for that personal injury as that
personal injury; and
(B)/> that first treatment must have been received on or after 1 July 1992 and
before 1 July 1999; and
© the treatment must have been of a kind for which the Corporation was
required or permitted to make payments either directly under regulations
made under the 1992 Act or under an agreement or contract or arrangement
under section 29A of the 1992 Act, irrespective of whether or not it
made any payment in the particular case.
(3) For the purposes of subsection (1), it is irrelevant—
(a) that no person can be, or has been, charged with or convicted of the offence;
or
(B)/> that the alleged offender is incapable of forming criminal intent; or
© whether or not the person who suffered the personal injury was ordinarily
resident in New Zealand within the meaning of the 1992 Act when
the personal injury is deemed to have been suffered.
(4) Persons to whom this section applies are deemed to have had cover under the
1992 Act for the personal injury described in subsection (1), and the following
provisions apply:
(a) payments made by or through the Corporation (or a subsidiary of the
Corporation) or the Department of Labour to those persons for a personal
injury described in subsection (1), whether made before or after the
Part 2 s 21A Accident Compensation Act 2001
Reprinted as at
17 December 2016
48
commencement of this section, are deemed to be entitlements paid under
the 1992 Act to the extent that the correct amounts were paid:
(B)/> for the purpose of paragraph (a), it does not matter whether or not the
payment is a payment made in the belief that section 8(3) of the 1992
Act provided cover:
© entitlements available as a result of cover deemed by this section are
subject to Part 13 of the Accident Insurance Act 1998 and Part 11 of this
Act:
(d) Part 5 applies to decisions made by or on behalf of the Corporation between
15 July 2003 and the commencement of this section on claims
made under section 8(3) of the 1992 Act for which cover is deemed by
this section, and Part 5 applies as if those decisions had been made on
the date of the commencement of this section.
(5) However, the following provisions apply to civil proceedings brought before or
after the commencement of this section seeking general damages for mental or
nervous shock suffered by a person as an outcome of any act described in subsection
(1) (the proceedings):
(a) if the plaintiff received judgment in the proceedings, in his or her favour,
before the commencement of this section, the plaintiff does not have
cover under this section for the injury or injuries to which the proceedings
relate:
(B)/> if the proceedings were filed, but not heard, before the date of introduction
of the Injury Prevention, Rehabilitation, and Compensation Amendment
Act (No 2) 2005, nothing in this section prevents the proceedings
from being heard or prevents a court from awarding the plaintiff general
damages for the mental or nervous shock:
© if the plaintiff continues the proceedings, the plaintiff must declare to the
court any payments and entitlements received from the Corporation for
the personal injury for which damages are sought, and the court must
take those payments and entitlements into account in awarding the plaintiff
any damages:
(d) on the date judgment is given in the proceedings, the plaintiff—
(i) does not have cover under this section for the injury or injuries to
which the proceedings relate; and
(ii) must advise the Corporation of the judgment:
(e) if the plaintiff loses cover by virtue of paragraph (a) or paragraph (d), the
Corporation may not recover any part of an amount that is deemed by
subsection (4)(a) to be an entitlement paid to the plaintiff under the 1992
Act.
Section 21A: inserted, on 11 May 2005, by section 8 of the Injury Prevention, Rehabilitation, and
Compensation Amendment Act (No 2) 2005 (2005 No 45).
Reprinted as at
17 December 2016 Accident Compensation Act 2001 Part 2 s 21A
49
Section 21A(4)©: amended, on 3 March 2010, by section 5(3) of the Accident Compensation
Amendment Act 2010 (2010 No 1).
21B Cover for work-related mental injury
(1) A person has cover for a personal injury that is a work-related mental injury
if—
(a) he or she suffers the mental injury inside or outside New Zealand on or
after 1 October 2008; and
(B)/> the mental injury is caused by a single event of a kind described in subsection
(2).
(2) Subsection (1)(B)/> applies to an event that—
(a) the person experiences, sees, or hears directly in the circumstances described
in section 28(1); and
(B)/> is an event that could reasonably be expected to cause mental injury to
people generally; and
© occurs—
(i) in New Zealand; or
(ii) outside New Zealand to a person who is ordinarily resident in
New Zealand when the event occurs.
(3) For the purposes of this section, it is irrelevant whether or not the person is ordinarily
resident in New Zealand on the date on which he or she suffers the
mental injury.
(4) Section 36(1) describes how the date referred to in subsection (3) is determined.
(5) In subsection (2)(a), a person experiences, sees, or hears an event directly if
that person—
(a) is involved in or witnesses the event himself or herself; and
(B)/> is in close physical proximity to the event at the time it occurs.
(6) To avoid doubt, a person does not experience, see, or hear an event directly if
that person experiences, sees, or hears it through a secondary source, for example,
by—
(a) seeing it on television (including closed circuit television):
(B)/> seeing pictures of, or reading about, it in news media:
© hearing it on radio or by telephone:
(d) hearing about it from radio, telephone, or another person.
(7) In this section, event—
(a) means—
(i) an event that is sudden; or
(ii) a direct outcome of a sudden event; and
Part 2 s 21B Accident Compensation Act 2001
Reprinted as at
17 December 2016
50
(B)/> includes a series of events that—
(i) arise from the same cause or circumstance; and
(ii) together comprise a single incident or occasion; but
© does not include a gradual process.
Section 21B: inserted, on 1 October 2008, by section 6 of the Injury Prevention, Rehabilitation, and
Compensation Amendment Act 2008 (2008 No 46).
22 Cover for personal injury suffered outside New Zealand (except mental
injury caused by certain criminal acts or work-related mental injury)
(1) A person has cover for a personal injury if—
(a) he or she suffers the personal injury outside New Zealand on or after
1 April 2002; and
(B)/> the personal injury is any of the kinds of injuries described in section
26(1)(a) or (B)/> or © or (e); and
© the person is ordinarily resident in New Zealand when he or she suffers
the personal injury; and
(d) the personal injury is one for which the person would have cover if he or
she had suffered it in New Zealand.
(2) Subsection (1) applies subject to subsection (3).
(3) A person has cover for treatment injury if he or she suffers the personal injury
on or after 1 July 2005 as a result of treatment given to him or her while outside
New Zealand, but only if the circumstances described in subsection (4)
exist.
(4) The circumstances are—
(a) the treatment is given by a person who has qualifications that are the
same as or equivalent to those of a registered health professional; and
(B)/> the personal injury would be personal injury caused by treatment if the
treatment were given by or at the direction of the equivalent of a registered
health professional and the person suffered the injury in New Zealand;
and
© the person is ordinarily resident in New Zealand when the treatment is
given (whether or not he or she is ordinarily resident in New Zealand on
the date on which he or she suffers the personal injury).
(5) Section 38 describes how the date on which the person suffers the personal injury
referred to in subsection (4)© is determined.
(6) A person who suffers personal injury that is mental injury in circumstances described
in section 21 has cover under section 21, but not under this section.
Reprinted as at
17 December 2016 Accident Compensation Act 2001 Part 2 s 22
51
(7) A person who suffers personal injury that is work-related mental injury in circumstances
described in section 21B has cover under section 21B, but not
under this section.
Compare: 1998 No 114 s 41
Section 22 heading: amended, on 1 October 2008, by section 7(1) of the Injury Prevention, Rehabilitation,
and Compensation Amendment Act 2008 (2008 No 46).
Section 22(3): substituted, on 1 July 2005, by section 9(1) of the Injury Prevention, Rehabilitation,
and Compensation Amendment Act (No 2) 2005 (2005 No 45).
Section 22(4)(B)/>: amended, on 1 July 2005, by section 9(2) of the Injury Prevention, Rehabilitation,
and Compensation Amendment Act (No 2) 2005 (2005 No 45).
Section 22(5): substituted, on 1 July 2005, by section 9(3) of the Injury Prevention, Rehabilitation,
and Compensation Amendment Act (No 2) 2005 (2005 No 45).
Section 22(7): added, on 1 October 2008, by section 7(2) of the Injury Prevention, Rehabilitation, and
Compensation Amendment Act 2008 (2008 No 46
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