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Ian I not a human to acc because I have a bad TBI help to understand please

#1 User is offline   Kiwi j Jones 

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Posted 07 May 2019 - 10:27 AM

Hi can someone please help what do acc mean by The minimum amount payable to a full time earner only came in new legislation in 1992 (ACC Act 1992) and is only applied to claims from this time onwards and does not apply to Section 60 Permanent On acc What is Section 60 of acc act What is it mean for. trying dealing with acc to get a answer is a living HELL for me I'm a human because I have a TBI am I not now a human to ACC because that's what it feels like. I can't understand lots of words and forget things can't workout how to do things like get help it over load my brain thinking if some one can please help me thank you for take time to read my post
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#2 User is offline   Brucey 

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Posted 07 May 2019 - 12:46 PM

Please get an advocate or lawyer to help you sort it all out

Its difficult to comprehend what you are trying to say

Dates of injury are important as they define the act you are under

You wont have the experience to tackle acc by yourself, sorry, just by reading what youve written

Most on here are injured people like yourself

Some have done their own cases

So, not sure what it is you are asking to clear up...

Best get someone who can go through everything with you, and you can build up some trust, plus they can represent you in dealing with acc
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#3 User is offline   Kiwi j Jones 

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Posted 09 May 2019 - 01:43 PM

Hi I been on acc since 1982 that the year drink drive hit our car acc people tell me I'm on acc till I'm 65 but I can go back to a job and I still get my acc payment each week I can't understand acc thinking that why do people know what section 60 acc act is about thanks for your thinking I see lawyer people next week at free lawyer office in Christchurch
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#4 User is offline   Alan Thomas 

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Posted 09 May 2019 - 04:50 PM

View PostKiwi j Jones, on 09 May 2019 - 01:43 PM, said:

Hi I been on acc since 1982 that the year drink drive hit our car acc people tell me I'm on acc till I'm 65 but I can go back to a job and I still get my acc payment each week I can't understand acc thinking that why do people know what section 60 acc act is about thanks for your thinking I see lawyer people next week at free lawyer office in Christchurch


Essentially section 60 requires the ACC to determine permanent incapacity when there is no chance to return to the preinjury occupation because of injury. In other words if there is a decision under section 60 you are essentially retired. ACC are not allowed to rehabilitate you into a new occupation. However if you take it upon yourself to re-educate yourself and gain the experience necessary to work in a new occupation while still having regard to your injuries you absolutely will not lose your earnings compensation entitlements. To avoid double payments however ACC are entitled to a discount from your earnings of your new occupation by way of the abatement of earnings calculation procedure. This is not complicated however ACC staff do not receive any training so you might have to educate them.
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#5 User is offline   Kiwi j Jones 

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Posted 09 May 2019 - 05:24 PM

HI thanks acc never told me that at all I ask acc and all I got was BS I'm now going to recount acc sent me to it as I told acc I want to lean how to drive trucks and diggers acc told me this is the start to that goal I have 5 kids all under 10 years old and can't really surport my family on $386 a week plus family tax payment I told all acc that God acc is just as bad as eqc. Never tell someone from govt you have a bad TBI as you get play like a fool just like I have and are going by your answer I really thank you a lot letting me know what section 60 really means. Now I can just tell acc to go away leave me and my family in peace and stop the lies and BS I should have never contact acc for help my mistake yet again I can't put into words how I feel now sad unhappy piss off but I do thank you again acc should have told me that
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#6 User is offline   Alan Thomas 

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Posted 09 May 2019 - 05:49 PM

View PostKiwi j Jones, on 09 May 2019 - 05:24 PM, said:

HI thanks acc never told me that at all I ask acc and all I got was BS I'm now going to recount acc sent me to it as I told acc I want to lean how to drive trucks and diggers acc told me this is the start to that goal I have 5 kids all under 10 years old and can't really surport my family on $386 a week plus family tax payment I told all acc that God acc is just as bad as eqc. Never tell someone from govt you have a bad TBI as you get play like a fool just like I have and are going by your answer I really thank you a lot letting me know what section 60 really means. Now I can just tell acc to go away leave me and my family in peace and stop the lies and BS I should have never contact acc for help my mistake yet again I can't put into words how I feel now sad unhappy piss off but I do thank you again acc should have told me that


Were you and full-time employment for the year prior to being injured?
For example if you were not employed at all prior to being injured you would only be entitled to minimum wage unless you are able to demonstrate by way of qualification etc that you had a projected career with a much higher earnings power. Truck driver and bigger operator is not a very highly paid career choice.
Obviously you are in need of someone knowledgeable about ACC matters that can help you sort these problems out. Sadly ACC generate vast amounts of false information with the result that many who claim to be advocates are actually selling the same song as the ACC instead of submitting themselves to the clarity of the legislation. Always verify what everybody's tells you against the legislation. If they cannot show you the actual legislation they are probably just repeating what ACC told them.

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#7 User is offline   Kiwi j Jones 

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Posted 09 May 2019 - 06:54 PM

HI I was working for well over a year I was a fish cutter that was my job before ingot hit by drunk driver when I was 18 I left school at 15 and got job cutting up fish so I was well over 1 year in same job acc just filled me up with hope by using lies and BS I told acc woman who came to our family home that I need to support my kids by trying to lean to drive tucks and diggers as acc money $386 plus family tax payment can't do it with out rob Peter to pay pool so to say gob this govt don't care about my kids well being at all what more can I say now I know I can never be a real dad to my kids weekend sport karate etc to help them become good people later on in life give them the tools to live a nice life. It ok for govtment get big money each week there kids can have it all but not my kids acc is a very sick joke iv had 21 acc claim from 1982 till now my thinking was you can only get acc one time that's what acc told me and my thinking was same acc person would be the one who do the same person claims I found out that wrong thinking I broken née cap left to lay on beg at home for 8 weeks I ask acc to get me walk pools to help me get around all acc woman said was stop using bab words to her I said I never say bad work to you listen to tap I never say bad words to you it prove what I say is real and acc tell me to do was going down to tower shopping place and buy some I said I can't move or walk so how can I do that acc person not answer me take acc 3 more weeks to send to me as hospital wouldn't give me some as I was over 120kg I should have know acc full of it shame on me I really do thank you for letting me know what section 60 really mean thank you
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#8 User is offline   tommy 

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Posted 09 May 2019 - 07:20 PM

View PostAlan Thomas, on 09 May 2019 - 05:49 PM, said:

Were you and full-time employment for the year prior to being injured?
For example if you were not employed at all prior to being injured you would only be entitled to minimum wage unless you are able to demonstrate by way of qualification etc that you had a projected career with a much higher earnings power. Truck driver and bigger operator is not a very highly paid career choice.
Obviously you are in need of someone knowledgeable about ACC matters that can help you sort these problems out. Sadly ACC generate vast amounts of false information with the result that many who claim to be advocates are actually selling the same song as the ACC instead of submitting themselves to the clarity of the legislation. Always verify what everybody's tells you against the legislation. If they cannot show you the actual legislation they are probably just repeating what ACC told them.

nothiog has changed as in insurer, maximisings profits as in the insuree not understanding their rights ,,,,,,, and then to challenge whom controls ,,,,,,,,,,,,,,,,,,,,,, :rolleyes:
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#9 User is offline   Kiwi j Jones 

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Posted 09 May 2019 - 08:02 PM

Hi i was in full time work at same place for well over 2 years before drink drive hit our car like the rest of govt it only like to take your money and not do job tax pay them for more the fool me for beleaveing acc woman wanted to help me and my family again I do really thank you it my shame for beleaving govt acc eqc tell me the truth
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#10 User is offline   Kiwi j Jones 

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Posted 09 May 2019 - 08:07 PM

I was a fish cut for over 2 years at same place full time I ask acc to help me learn how to drive truck and digger to support my family better if I can't do that I'm no real dad just a TBI part dad shame on me and thank you alot for telling me the truth unlike acc govt eqc
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#11 User is offline   Alan Thomas 

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Posted 10 May 2019 - 10:05 AM

View PostKiwi j Jones, on 09 May 2019 - 08:07 PM, said:

I was a fish cut for over 2 years at same place full time I ask acc to help me learn how to drive truck and digger to support my family better if I can't do that I'm no real dad just a TBI part dad shame on me and thank you alot for telling me the truth unlike acc govt eqc


As you are injured under the older legislation there is no provision for the ACC to fund rehabilitation into a new occupation.
The only lawful thing the ACC is permitted to do for you as to determine whether or not you were temporarily or permanently incapacitated to work in your old occupation. If it is determined that you are permanently incapacitated to work on your old occupation then the ACC is required to calculate what you would have probably earned in your future and pay you 80% of that. You would also be entitled to various other entitlements involving pain and suffering which are lump sums and of course any assistance you might need in daily living.

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#12 User is offline   Tish 

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Posted 11 May 2019 - 03:03 PM

View PostAlan Thomas, on 09 May 2019 - 04:50 PM, said:

Essentially section 60 requires the ACC to determine permanent incapacity when there is no chance to return to the preinjury occupation because of injury. In other words if there is a decision under section 60 you are essentially retired. ACC are not allowed to rehabilitate you into a new occupation. However if you take it upon yourself to re-educate yourself and gain the experience necessary to work in a new occupation while still having regard to your injuries you absolutely will not lose your earnings compensation entitlements. To avoid double payments however ACC are entitled to a discount from your earnings of your new occupation by way of the abatement of earnings calculation procedure. This is not complicated however ACC staff do not receive any training so you might have to educate them.


This guy needs real help and I can't offer much except find an advocate if he can who REALLY knows their stuff, and I don't mean some ignorant moron like Tony Carlyle in Reporoa, he doesn't know shit about anything but his bank account. He'll do his best to screw up your case for you, though.

As an aside Alan, can you offer us a link to the specific part of the Act or any official documentation that deals with the bit about "ACC are not allowed to rehabilitate you into a new occupation" because I don't think I'm the only one who would find this of great usefulness. Thanks
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#13 User is offline   Brucey 

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Posted 11 May 2019 - 04:00 PM

View PostAlan Thomas, on 10 May 2019 - 10:05 AM, said:

As you are injured under the older legislation there is no provision for the ACC to fund rehabilitation into a new occupation.
The only lawful thing the ACC is permitted to do for you as to determine whether or not you were temporarily or permanently incapacitated to work in your old occupation. If it is determined that you are permanently incapacitated to work on your old occupation then the ACC is required to calculate what you would have probably earned in your future and pay you 80% of that. You would also be entitled to various other entitlements involving pain and suffering which are lump sums and of course any assistance you might need in daily living.



It would appear that ACC funded you into a new occupation, as this is what you stated in a post very recently on another thread.


"I think at this point it might be relevant that ACC funded me to go on a business course so I could learn basic business Management which included these things."
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#14 User is offline   Alan Thomas 

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Posted 11 May 2019 - 04:30 PM

View PostTish, on 11 May 2019 - 03:03 PM, said:

This guy needs real help and I can't offer much except find an advocate if he can who REALLY knows their stuff, and I don't mean some ignorant moron like Tony Carlyle in Reporoa, he doesn't know shit about anything but his bank account. He'll do his best to screw up your case for you, though.

As an aside Alan, can you offer us a link to the specific part of the Act or any official documentation that deals with the bit about "ACC are not allowed to rehabilitate you into a new occupation" because I don't think I'm the only one who would find this of great usefulness. Thanks


Section 60 of the 1982 act discusses the permanent nature of permanent incapacity.
Under the 1992 legislation ACC started to be allowed to fund vocational rehabilitation into a new occupation but were only allowed to do that for no more than three years. Then the person was considered to be much the same in as much as it was uneconomical to rehabilitate into a new occupation.

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#15 User is offline   Alan Thomas 

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Posted 11 May 2019 - 04:32 PM

View PostBrucey, on 11 May 2019 - 04:00 PM, said:

It would appear that ACC funded you into a new occupation, as this is what you stated in a post very recently on another thread.


"I think at this point it might be relevant that ACC funded me to go on a business course so I could learn basic business Management which included these things."


I've never heard of any money being funded into a new occupation. Whatever gave you that idea?

ACC quite often provide a token gesture of funding. I answered an advertisement in the newspaper that provided business courses. They also advertised that if someone was on ACC they would be funded by the ACC. I never had any interaction with the ACC on this matter but was assured that ACC had actually paid. A six weeks course on basic business Management does not make anybody a business manager. There were just be silly.

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#16 User is offline   tommy 

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Posted 11 May 2019 - 04:49 PM

View PostAlan Thomas, on 11 May 2019 - 04:32 PM, said:

I've never heard of any money being funded into a new occupation. Whatever gave you that idea?

ACC quite often provide a token gesture of funding. I answered an advertisement in the newspaper that provided business courses. They also advertised that if someone was on ACC they would be funded by the ACC. I never had any interaction with the ACC on this matter but was assured that ACC had actually paid. A six weeks course on basic business Management does not make anybody a business manager. There were just be silly.

to be responsible towards the corporation as in , achieving rehab ,, ie vocationally . and socially , is a process one will as legislation is offerd to the claimant ,,, :rolleyes: and as in being non compliant ,, does have consequences ,,,,,,,,,,,,,,,,,,
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#17 User is offline   tommy 

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Posted 11 May 2019 - 04:55 PM

View Posttommy, on 11 May 2019 - 04:49 PM, said:

to be responsible towards the corporation as in , achieving rehab ,, ie vocationally . and socially , is a process one will as legislation is offerd to the claimant ,,, :rolleyes:/> and as in being non compliant ,, does have consequences ,,,,,,,,,,,,,,,,,,

i believe there was a suspensory loan a claimant was offered ,, whether it was legislastion or policy , tommy does nt know , as towrds the claimant as in a direstion forwrd as not being able to return to their pre injuru occupation ,,,,,,,as in a buisness type venture ,,,, :rolleyes:
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#18 User is offline   Kiwi j Jones 

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Posted 11 May 2019 - 05:02 PM

Hi I have an appointment at Canterbury community law for this coming Thursday to discuss what rights I really have under section 60 all I want to do is support my family in a meaningful way financially is ACC liable for the cost or am I liable for the cost and what are the consequences re entering the workforce if I am able to due to my. TBI like previously stated I've been on ACC since 1982 ACC won't tell me on my right side ACC won't tell me what the obligations are I may have a clinically proven bad tbi but I refuse to accept that I am worthless that I am stupid and that I have no human rights 2 dignity as a human being on this earth Google speak is a wonderful tool I thank all of you that have commented I sincerely do thank you
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#19 User is offline   tommy 

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Posted 11 May 2019 - 05:03 PM

View Posttommy, on 11 May 2019 - 04:55 PM, said:

i believe there was a suspensory loan a claimant was offered ,, whether it was legislastion or policy , tommy does nt know , as towrds the claimant as in a direstion forwrd as not being able to return to their pre injuru occupation ,,,,,,,as in a buisness type venture ,,,, :rolleyes:/>/>

i tommy can recall , the suspensory loan was around 5 k ,,, and was to be repaid , or written off at the corprations discretion ,,,,,,,,,,,,,, :D/>
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#20 User is offline   tommy 

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Posted 11 May 2019 - 05:14 PM

View PostKiwi j Jones, on 11 May 2019 - 05:02 PM, said:

Hi I have an appointment at Canterbury community law for this coming Thursday to discuss what rights I really have under section 60 all I want to do is support my family in a meaningful way financially is ACC liable for the cost or am I liable for the cost and what are the consequences re entering the workforce if I am able to due to my. TBI like previously stated I've been on ACC since 1982 ACC won't tell me on my right side ACC won't tell me what the obligations are I may have a clinically proven bad tbi but I refuse to accept that I am worthless that I am stupid and that I have no human rights 2 dignity as a human being on this earth Google speak is a wonderful tool I thank all of you that have commented I sincerely do thank you
where are you at as in a rehab , situation with the corporation ,, do you have one or not ,l as in a way forward , vocationally , socially as in agreed between both parties ,,,,,,,,,,,
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