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Weekly compensation decline

#21 User is online   Alan Thomas 

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Posted 20 August 2019 - 12:28 PM

 Hemi, on 20 August 2019 - 12:04 PM, said:

Acc can apply the rules of law and change a decision of cover to no cover thus no entitlements
Example of that is your own acc claim accepted then change decision made and it was tossed in the rubbish bin.
With the bonus for you added to appear in criminal courts up for fraud
Which you could not show you were not guilty as charged.
Twofold hit at you from acc and something you can NOT change to receive erc entitlements
As the front person for this forum you have made it into a very dangerous place for the injured vulnerable to come to and find what has become a site promoting radicalism/ terrorism by you Thomas.
One more slip up / mistake and your fucked matey. B)/>
Best you disappear before you have another judge up you.

While ACC have the authority to make decisions that authority is subject and subservient to the law. Absolutely no government servant in this country has unfettered discretion to make decisions. They must submit their thinking and decision making to the criteria of the law.

This is where the ACC run amok in my case where buy they made a decision by s73 1 without regard to the legislative criteria to acquire the necessary information for the decision. The judge found in my favour on this point of law full stop the ACC had made the fatal mistake of thinking that because they had the authority to make a decision they could make a decision based on intuition alone or what they called common sense. As I stated the judge found in my favour in this regard.

So getting back to the point of this thread what is the criteria to determine entitlements?
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#22 User is offline   Hemi 

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Posted 20 August 2019 - 01:16 PM

View PostAlan Thomas, on 20 August 2019 - 12:20 PM, said:

How was it that you have forgotten to answer the questions? Had you answered the questions you would have found that your argument became unraveled and the point that I was making would have been made. That way it would have been a learning exercise

No need
If they carry out the claim as per the rules and not commit fraud / were earning income and injured
All cool




Next ???
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#23 User is offline   Brucey 

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Posted 20 August 2019 - 02:40 PM

View PostAlan Thomas, on 20 August 2019 - 12:16 PM, said:

What legislation did you put forward to the reviewer in your submissions and what legislation did the reviewer rely upon in their decision?


I am still waiting for evidence to support your statement that having an employment contract means you are an earner under the act. because the outcome of my case was that you are not.
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#24 User is online   Alan Thomas 

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Posted 20 August 2019 - 04:32 PM

View PostHemi, on 20 August 2019 - 01:16 PM, said:

No need
If they carry out the claim as per the rules and not commit fraud / were earning income and injured
All cool




Next ???


What rules?

Legislation requires that I provide the ACC with information from the medical professional by way of ACC 18 medical certificates. Those certificates confirm that I did not have the capacity to work on my preinjury occupation and at best could only perform two hours per day fragmented throughout the day so long as I did not use my right hand.

So the ACC claimed that I was working but did not stipulate the single work task activity at any material time.

Despite the fact that I was not working even if I did work two hours per day in accordance with my medical certificates there would be no problem with that.


How then do you propose that I declare something that is non-existent such as work that did not take place.

Can't you see a fishing expedition when you see it? Even the ACC has now confessed in the High Court that they never had any information describing any work so now that that is over why not support me in getting my entitlements back?

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#25 User is online   Alan Thomas 

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Posted 20 August 2019 - 04:45 PM

View PostBrucey, on 20 August 2019 - 02:40 PM, said:

I am still waiting for evidence to support your statement that having an employment contract means you are an earner under the act. because the outcome of my case was that you are not.



Perhaps if I gave you an example. When Douglas wheel came to my home seeking my advice regarding this very subject. He had closed down one business and registered another business however the second business had not yet started generating any earnings. during this period between businesses he went to Fiji, got married and was on his honeymoon. He was not generating any actual earnings in the hand however he was carrying out work task activities during the course of his honeymoon in another country. ACC took the view that he would not be entitled to a claim for the injury he suffered from a mosquito bite and therefore would not be entitled to any earnings compensation. Their reasoning was that he was not in paid employment. However my advice to him was that he was entitled so long as he could prove that he carried out some work task activities while on his honeymoon. this was with the proviso that his mode of earnings capacity dependent upon the previous work task activities in the old business and was to continue on in the new business and that the ACC had to take the past 12 months into account when determining is earnings compensation which of course predominantly depended upon the earnings from his previous business.

You see Bruce people are in business operated removal from people like you which is the reason why you have difficulty understanding the fundamentals of the legislation.

6 Interpretation


(a)
means a natural person who engages in employment, whether or not as an employee; and


(
includes a person to whom clause 43, 44, or 44A of Schedule 1 applies

Earners’ Account means the Account described in section 218

earnings means—


(a)
earnings as an employee:


(
earnings as a self-employed person:


©
earnings as a shareholder-employee

earnings as an employee has the meaning set out in sections 9 to 13

earnings as a self-employed person has the meaning set out in section 14

earnings as a shareholder-employee has the meaning set out in section 15

employee means a natural person who receives, or is entitled to receive,—


(a)
any amount that is treated as income from employment, as defined in paragraph (a) of the definition of income from employment in section YA 1 of the Income Tax Act 2007; or


(
any salary, wages, or other income to which section RD 3B or RD 3C of the Income Tax Act 2007 applies

employer—


(a)
means a person, other than a person acting for an employer as a PAYE intermediary as defined in section YA 1 of the Income Tax Act 2007, who pays, or is liable to pay,—


(i)
any amount that, in relation to any other person, is treated as income from employment, as defined in paragraph (a) of the definition of income from employment in section YA 1 of the Income Tax Act 2007; and


(ii)
any salary, wages, or other income to which section RD 3B or RD 3C of the Income Tax Act 2007 applies; but


(
does not include, for the purpose of Part 6, a person who is an employer solely by reason of any of section RD 5(1)((iii), (6)(, or © of the Income Tax Act 2007

employment—


(a)
means work engaged in or carried out for the purposes of pecuniary gain or profit; and



in the case of an employee, includes a period of paid leave, other than paid leave on the termination of employment

entitlement means the entitlements described or referred to in section 69








Weekly earnings if employment ended before commencement of incapacity
(1)

Subclause (2) applies to a claimant who, before his or her incapacity commenced, has ceased to be in employment.

(2)

The claimant is deemed to continue to be in employment and have earnings from that employment for the purposes of this schedule for the longer of—


(a)
28 days from the date he or she ceased to be in employment, if he or she—


(i)
had been in employment within 28 days before his or her incapacity commenced; and


(ii)
would have been an employee within the period specified in subclause (3) after the date on which his or her incapacity commenced, but for the incapacity; or


(
the period for which payments that the claimant is entitled to receive on ceasing employment and on which earner levy is payable constitute earnings under subclause (4).

(3)

For the purposes of subclause (2)(a)(ii), the period is,—


(a)
unless paragraph ( applies, 3 months if the claimant had entered into an employment agreement, or had arranged to enter into an employment agreement, before the incapacity commenced; or


(
12 months if—


(i)
the claimant was employed in seasonal employment with the same employer as he or she had been employed in the 2 seasons before the claimant’s incapacity commenced; and


(ii)
the employer confirms that the claimant could reasonably have expected to be re-employed in the season after the claimant’s incapacity commenced.

(4)

A claimant, who is deemed by subclause (2)( to continue to be in employment, is also deemed to be deriving earnings at the same rate as he or she derived earnings while in employment immediately before he or she ceased to be an employee, a self-employed person, or a shareholder-employee, as the case may be.

(5)

For the purposes of calculating the claimant’s weekly earnings, the date his or her incapacity commenced is deemed to be the last date on which the claimant was in employment.

(6)

Unless the personal injury is a motor vehicle injury, a work-related personal injury, or a treatment injury, payments under this clause come from the Earners’ Account.

(7)

In this clause—

employee includes an employee who is on unpaid leave that is not unpaid parental leave

employment means employment as—


(a)
an employee; or


(
a self-employed person; or


©
a shareholder-employee.











Interim estimation of weekly earnings that cannot be ascertained
(1)

This clause applies to a claimant who, immediately before his or her incapacity commenced,—


(a)
had earnings as a self-employed person; or


(
had earnings as a shareholder-employee.

(2)

This clause applies while the Corporation cannot readily ascertain the claimant’s actual weekly earnings.

(3)

For the purposes of clauses 38 to 40, in order to calculate the claimant’s weekly earnings under this Part, the Corporation may estimate an amount that represents reasonable remuneration for the claimant until the earlier of—


(a)
the income tax return for the relevant year is available; or


(
3 months have passed after the incapacity commenced.

(4)

If the claimant’s income tax return for the relevant year remains unavailable at the end of the 3-month period in subclause (3)( , the Corporation can pay weekly compensation only as an advance under section 131.

(5)

In doing an estimate under subclause (3), the Corporation must have regard to—


(a)
the evidence available of the claimant’s earnings; and


(
the nature of the claimant’s employment immediately before his or her incapacity commenced; and


©
any employment, whatever its nature, that the claimant has while suffering the incapacity.

(6)

If the Corporation—


(a)
applies subclause (3); and


(
pays weekly compensation; and


©
subsequently finds that the weekly compensation it paid is greater than that it would have paid if the claimant’s income tax return for the relevant year had been available,—

the Corporation may recover the difference, either as a debt due to it or by deducting it from any entitlement otherwise payable to the claimant (whether or not in respect of the same personal injury).








Maximum compensation

46 Maximum weekly compensation for loss of earnings
(1)

The maximum amount of weekly compensation for loss of earnings that the Corporation is liable to pay to a claimant is $1,341.31 a week, whatever amount is calculated under this schedule.

(2)

The maximum amount specified in subclause (1) must be adjusted in the manner provided in section 115.













weekly compensation means compensation for loss of earnings, or loss of potential earning capacity, and compensation for the spouse or partner, child, or other dependant of a deceased claimant, that is payable by the Corporation—


(a)
under any of clauses 32, 47, 66, 70, and 71 of Schedule 1; or


(
under sections 131, 210, 224, Part 10, or Part 11

weekly earnings, in relation to an earner, means the weekly earnings of that earner determined in accordance with Part 2 of Schedule 1

Work Account means the Account described in section 167

work-related personal injury has the meaning set out in sections 28 and 29(1)







Grant I trust that you find this helpful
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#26 User is offline   Brucey 

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Posted 20 August 2019 - 05:19 PM

View PostAlan Thomas, on 20 August 2019 - 04:45 PM, said:

Perhaps if I gave you an example. When Douglas wheel came to my home seeking my advice regarding this very subject. He had closed down one business and registered another business however the second business had not yet started generating any earnings. during this period between businesses he went to Fiji, got married and was on his honeymoon. He was not generating any actual earnings in the hand however he was carrying out work task activities during the course of his honeymoon in another country. ACC took the view that he would not be entitled to a claim for the injury he suffered from a mosquito bite and therefore would not be entitled to any earnings compensation. Their reasoning was that he was not in paid employment. However my advice to him was that he was entitled so long as he could prove that he carried out some work task activities while on his honeymoon. this was with the proviso that his mode of earnings capacity dependent upon the previous work task activities in the old business and was to continue on in the new business and that the ACC had to take the past 12 months into account when determining is earnings compensation which of course predominantly depended upon the earnings from his previous business.

You see Bruce people are in business operated removal from people like you which is the reason why you have difficulty understanding the fundamentals of the legislation.

6 Interpretation


(a)
means a natural person who engages in employment, whether or not as an employee; and


(
includes a person to whom clause 43, 44, or 44A of Schedule 1 applies

Earners’ Account means the Account described in section 218

earnings means—


(a)
earnings as an employee:


(
earnings as a self-employed person:


©
earnings as a shareholder-employee

earnings as an employee has the meaning set out in sections 9 to 13

earnings as a self-employed person has the meaning set out in section 14

earnings as a shareholder-employee has the meaning set out in section 15

employee means a natural person who receives, or is entitled to receive,—


(a)
any amount that is treated as income from employment, as defined in paragraph (a) of the definition of income from employment in section YA 1 of the Income Tax Act 2007; or


(
any salary, wages, or other income to which section RD 3B or RD 3C of the Income Tax Act 2007 applies

employer—


(a)
means a person, other than a person acting for an employer as a PAYE intermediary as defined in section YA 1 of the Income Tax Act 2007, who pays, or is liable to pay,—


(i)
any amount that, in relation to any other person, is treated as income from employment, as defined in paragraph (a) of the definition of income from employment in section YA 1 of the Income Tax Act 2007; and


(ii)
any salary, wages, or other income to which section RD 3B or RD 3C of the Income Tax Act 2007 applies; but


(
does not include, for the purpose of Part 6, a person who is an employer solely by reason of any of section RD 5(1)((iii), (6)(, or © of the Income Tax Act 2007

employment—


(a)
means work engaged in or carried out for the purposes of pecuniary gain or profit; and



in the case of an employee, includes a period of paid leave, other than paid leave on the termination of employment

entitlement means the entitlements described or referred to in section 69








Weekly earnings if employment ended before commencement of incapacity
(1)

Subclause (2) applies to a claimant who, before his or her incapacity commenced, has ceased to be in employment.

(2)

The claimant is deemed to continue to be in employment and have earnings from that employment for the purposes of this schedule for the longer of—


(a)
28 days from the date he or she ceased to be in employment, if he or she—


(i)
had been in employment within 28 days before his or her incapacity commenced; and


(ii)
would have been an employee within the period specified in subclause (3) after the date on which his or her incapacity commenced, but for the incapacity; or


(
the period for which payments that the claimant is entitled to receive on ceasing employment and on which earner levy is payable constitute earnings under subclause (4).

(3)

For the purposes of subclause (2)(a)(ii), the period is,—


(a)
unless paragraph ( applies, 3 months if the claimant had entered into an employment agreement, or had arranged to enter into an employment agreement, before the incapacity commenced; or


(
12 months if—


(i)
the claimant was employed in seasonal employment with the same employer as he or she had been employed in the 2 seasons before the claimant’s incapacity commenced; and


(ii)
the employer confirms that the claimant could reasonably have expected to be re-employed in the season after the claimant’s incapacity commenced.

(4)

A claimant, who is deemed by subclause (2)( to continue to be in employment, is also deemed to be deriving earnings at the same rate as he or she derived earnings while in employment immediately before he or she ceased to be an employee, a self-employed person, or a shareholder-employee, as the case may be.

(5)

For the purposes of calculating the claimant’s weekly earnings, the date his or her incapacity commenced is deemed to be the last date on which the claimant was in employment.

(6)

Unless the personal injury is a motor vehicle injury, a work-related personal injury, or a treatment injury, payments under this clause come from the Earners’ Account.

(7)

In this clause—

employee includes an employee who is on unpaid leave that is not unpaid parental leave

employment means employment as—


(a)
an employee; or


(
a self-employed person; or


©
a shareholder-employee.











Interim estimation of weekly earnings that cannot be ascertained
(1)

This clause applies to a claimant who, immediately before his or her incapacity commenced,—


(a)
had earnings as a self-employed person; or


(
had earnings as a shareholder-employee.

(2)

This clause applies while the Corporation cannot readily ascertain the claimant’s actual weekly earnings.

(3)

For the purposes of clauses 38 to 40, in order to calculate the claimant’s weekly earnings under this Part, the Corporation may estimate an amount that represents reasonable remuneration for the claimant until the earlier of—


(a)
the income tax return for the relevant year is available; or


(
3 months have passed after the incapacity commenced.

(4)

If the claimant’s income tax return for the relevant year remains unavailable at the end of the 3-month period in subclause (3)( , the Corporation can pay weekly compensation only as an advance under section 131.

(5)

In doing an estimate under subclause (3), the Corporation must have regard to—


(a)
the evidence available of the claimant’s earnings; and


(
the nature of the claimant’s employment immediately before his or her incapacity commenced; and


©
any employment, whatever its nature, that the claimant has while suffering the incapacity.

(6)

If the Corporation—


(a)
applies subclause (3); and


(
pays weekly compensation; and


©
subsequently finds that the weekly compensation it paid is greater than that it would have paid if the claimant’s income tax return for the relevant year had been available,—

the Corporation may recover the difference, either as a debt due to it or by deducting it from any entitlement otherwise payable to the claimant (whether or not in respect of the same personal injury).








Maximum compensation

46 Maximum weekly compensation for loss of earnings
(1)

The maximum amount of weekly compensation for loss of earnings that the Corporation is liable to pay to a claimant is $1,341.31 a week, whatever amount is calculated under this schedule.

(2)

The maximum amount specified in subclause (1) must be adjusted in the manner provided in section 115.













weekly compensation means compensation for loss of earnings, or loss of potential earning capacity, and compensation for the spouse or partner, child, or other dependant of a deceased claimant, that is payable by the Corporation—


(a)
under any of clauses 32, 47, 66, 70, and 71 of Schedule 1; or


(
under sections 131, 210, 224, Part 10, or Part 11

weekly earnings, in relation to an earner, means the weekly earnings of that earner determined in accordance with Part 2 of Schedule 1

Work Account means the Account described in section 167

work-related personal injury has the meaning set out in sections 28 and 29(1)







Grant I trust that you find this helpful


I undersand the legislation, I have been in business most of my life.

I am still waiting for evidence to support your statement that having an employment contract means you are an earner under the act. because the outcome of my case was that you are not.

So where is the evidence Fraudster.
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#27 User is online   Alan Thomas 

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Posted 20 August 2019 - 05:31 PM

View PostBrucey, on 20 August 2019 - 05:19 PM, said:

I undersand the legislation, I have been in business most of my life.

I am still waiting for evidence to support your statement that having an employment contract means you are an earner under the act. because the outcome of my case was that you are not.

So where is the evidence Fraudster.


I have just given you the relevant legislation. What part of it don't you understand?


what part of the legislation that I have just given you do you think that the ACC are disobeying?

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#28 User is offline   tommy 

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Posted 20 August 2019 - 05:35 PM

View PostAlan Thomas, on 20 August 2019 - 05:31 PM, said:

I have just given you the relevant legislation. What part of it don't you understand?


what part of the legislation that I have just given you do you think that the ACC are disobeying?

you appear to be purporting to the forum ,,,,,,,,,,, allan ,, but in reality to date you are no further advanced as in your lost erc . wc entitlements being restored ,,,,,,,, :rolleyes:
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#29 User is offline   Brucey 

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Posted 20 August 2019 - 05:49 PM

View PostAlan Thomas, on 20 August 2019 - 05:31 PM, said:

I have just given you the relevant legislation. What part of it don't you understand?


what part of the legislation that I have just given you do you think that the ACC are disobeying?



Still waiting! nothing in the legislation supports your comment.
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#30 User is online   Alan Thomas 

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Posted 20 August 2019 - 07:10 PM

View PostBrucey, on 20 August 2019 - 05:49 PM, said:

Still waiting! nothing in the legislation supports your comment.


Would you like someone to explain the legislation to you?
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#31 User is offline   Brucey 

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Posted 20 August 2019 - 07:27 PM

View PostAlan Thomas, on 20 August 2019 - 07:10 PM, said:

Would you like someone to explain the legislation to you?


Yeah go ahead.

I am waiting for your explanation of how the legislation supports your comment that having an employment contract makes you an earner.

But you can't, because you are, as always wrong.
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#32 User is offline   Hemi 

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Posted 20 August 2019 - 08:56 PM

View PostAlan Thomas, on 20 August 2019 - 04:32 PM, said:

What rules?

Legislation requires that I provide the ACC with information from the medical professional by way of ACC 18 medical certificates. Those certificates confirm that I did not have the capacity to work on my preinjury occupation and at best could only perform two hours per day fragmented throughout the day so long as I did not use my right hand.

So the ACC claimed that I was working but did not stipulate the single work task activity at any material time.

Despite the fact that I was not working even if I did work two hours per day in accordance with my medical certificates there would be no problem with that.


How then do you propose that I declare something that is non-existent such as work that did not take place.

Can't you see a fishing expedition when you see it? Even the ACC has now confessed in the High Court that they never had any information describing any work so now that that is over why not support me in getting my entitlements back?

You should ask ya doctor Thomas
As he told de judge
He never knew what you could and were doing
All in the transcripts.
Your propose/ declare-
Tell the truth for starters.
Well you tried to do that in your trial for fraud
You had to mislead lie still and failed and could not show different than what was placed at you re your ability’s.
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