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Weekly Comp reassessed as if surgery was a new injury

#1 User is offline   dumbo 

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Posted 11 March 2019 - 12:47 PM

Hi all, first post...

I was on weekly compensation after an accident in early 2017, while employed.

Three operations later, after redundancy, unemployment and (between second and third operations) briefly working to establish a company I set up, ACC reassessed my weekly compensation using my 12 months' income before the date of my third surgery.

Surprise, in those twelve months I earned a lot less than in the twelve months before my accident. ACC assessed my weekly compensation as less than immediately post accident.

Can they do this? I thought that until the original injury was completely healed, I am supposed to get compensation at the rate that reflects my earnings at the time of the accident. My case manager doesn't see a problem.

I'm hoping your combined experience and wisdom will let me know how to proceed.

Thanks
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#2 User is offline   Alan Thomas 

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Posted 11 March 2019 - 05:50 PM

View Postdumbo, on 11 March 2019 - 12:47 PM, said:

Hi all, first post...

I was on weekly compensation after an accident in early 2017, while employed.

Three operations later, after redundancy, unemployment and (between second and third operations) briefly working to establish a company I set up, ACC reassessed my weekly compensation using my 12 months' income before the date of my third surgery.

Surprise, in those twelve months I earned a lot less than in the twelve months before my accident. ACC assessed my weekly compensation as less than immediately post accident.

Can they do this? I thought that until the original injury was completely healed, I am supposed to get compensation at the rate that reflects my earnings at the time of the accident. My case manager doesn't see a problem.

I'm hoping your combined experience and wisdom will let me know how to proceed.

Thanks

For these long-term injuries ACC is required by the legislation to determine the degree of earnings loss by assessing earnings of the 12 months prior to first being injured. What ACC are trying to do is produce a frontal document for purposes of pecuniary advantage in an attempt to get some kind of discount for their liability to you. What they are doing is most certainly a criminal offence well beyond the scope of the ACC legislation. Perhaps you should be referring the matter through to the police as any trained ACC decision maker will know for an absolute certainty that what they are doing is illegal.

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#3 User is offline   dumbo 

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Posted 11 March 2019 - 07:48 PM

Gut feeling says trying to get police to take action at this stage as a criminal matter is too early.

Is there anything I can do to persuade or force ACC to review it seriously?
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#4 User is offline   Alan Thomas 

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Posted 12 March 2019 - 11:11 AM

View Postdumbo, on 11 March 2019 - 07:48 PM, said:

Gut feeling says trying to get police to take action at this stage as a criminal matter is too early.

Is there anything I can do to persuade or force ACC to review it seriously?


The crime starts when there exists a plan to produce a false document. Once the document is produced that has often the evidence that there was a plan tto produce a false document. The crime is the evil intent to produce a document known to be false or not known to be true for the purposes of a pecuniary advantage. The question as to whether or not the ACC staff member signing the communication with the medical assessor has knowingly misled the assessor or directly conspired with the assessor to produce a false document. What you need to do is get a copy of the communication between the ACC and the assessor. That is where they are going to be careless because that is the document they avoid putting in your file.
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#5 User is offline   malhar 

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Posted 12 March 2019 - 05:48 PM

 dumbo, on 11 March 2019 - 12:47 PM, said:

Hi all, first post...

I was on weekly compensation after an accident in early 2017, while employed.

Three operations later, after redundancy, unemployment and (between second and third operations) briefly working to establish a company I set up, ACC reassessed my weekly compensation using my 12 months' income before the date of my third surgery.

Surprise, in those twelve months I earned a lot less than in the twelve months before my accident. ACC assessed my weekly compensation as less than immediately post accident.

Can they do this? I thought that until the original injury was completely healed, I am supposed to get compensation at the rate that reflects my earnings at the time of the accident. My case manager doesn't see a problem.

I'm hoping your combined experience and wisdom will let me know how to proceed.

Thanks

In my case I have always been paid based the earnings 12th prior to the date of first incapacity for further incapacity after surgery, I believe this is also the legislation. I know I have seen this in the Act, I will try and find it
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#6 User is offline   dumbo 

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Posted 12 March 2019 - 08:21 PM

 malhar, on 12 March 2019 - 05:48 PM, said:

In my case I have always been paid based the earnings 12th prior to the date of first incapacity for further incapacity after surgery, I believe this is also the legislation. I know I have seen this in the Act, I will try and find it


Thanks Malhar
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#7 User is offline   Brucey 

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Posted 13 March 2019 - 07:07 AM

 dumbo, on 11 March 2019 - 07:48 PM, said:

Gut feeling says trying to get police to take action at this stage as a criminal matter is too early.

Is there anything I can do to persuade or force ACC to review it seriously?



Calling in the police is not an option. ACC are trying it on, this is what they do. All you need to do is be assertive, if this fails then get a good advocate or a lawyer on the job.

What ever you do , do not take any advice from Thomas.


https://www.nzherald...jectid=10740850
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#8 User is offline   dumbo 

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Posted 13 March 2019 - 08:58 AM

Thanks Brucey.

 Brucey, on 13 March 2019 - 07:07 AM, said:

Calling in the police is not an option. ACC are trying it on, this is what they do. All you need to do is be assertive, if this fails then get a good advocate or a lawyer on the job.

What ever you do , do not take any advice from Thomas.


https://www.nzherald...jectid=10740850

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