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Reinstatement of Weekly Conpensation

#1 User is offline   Sammy5570 

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Posted 18 November 2019 - 10:52 AM

Hi there
Looking for advice... I've been a paraplegic for over 30 years, following accident. I was on weekly comp for an extended period of time after the accident, but eventually retrained and returned to work, albeit part time now. I receive weekly comp to make up the hours I don't work.
However, work is getting too hard to manage at all, and it looks like i'll be medically retired, at the recommendation and support of my GP, due to accident related issues. does anyone know if I just go straight back on weekly comp, or if there is a different process.
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#2 User is offline   Alan Thomas 

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Posted 18 November 2019 - 11:44 AM

View PostSammy5570, on 18 November 2019 - 10:52 AM, said:

Hi there
Looking for advice... I've been a paraplegic for over 30 years, following accident. I was on weekly comp for an extended period of time after the accident, but eventually retrained and returned to work, albeit part time now. I receive weekly comp to make up the hours I don't work.
However, work is getting too hard to manage at all, and it looks like i'll be medically retired, at the recommendation and support of my GP, due to accident related issues. does anyone know if I just go straight back on weekly comp, or if there is a different process.


As you come under the 1982 legislation the ACC will have been required to determine you were permanently incapacitated to return to preinjury occupation. This means that you are already permanently medically retired so a new decision does not need to be made.

The only issue at hand is one of abatement of earnings.

Permanent disability to return to your preinjury occupation means that the ACC needed to calculate 80% of what your earnings might've been had you not had the accident as opposed to 80% of your historical earnings. For example if you are on a career path where it would be projected your income would increase in ACC would have had to pay 80% of that.


The operational manual of the ACC determined the abatement earnings to be based on a scaled reduction so that the more that you earn the greater the percentage they would deduct up until a one-to-one ratio once you start getting close to original earnings.

All you need to do is simply notify the ACC that you are no longer earning and that they calculate your earnings compensation based on your predicted earnings.

It is probably a good time to ask the ACC to provide you with a full account of the way in which your earnings capacity in a new occupation has affected your compensation and that they should give you a full accounting starting with the foundation decision under section 60 together with the mode of calculations for the abatement of earnings.


I trust this is helpful.

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#3 User is offline   tommy 

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Posted 21 November 2019 - 02:46 PM

[quote name='Alan Thomas' timestamp='1574034245' post='265280']
As you come under the 1982 legislation the ACC will have been required to determine you were permanently incapacitated to return to preinjury occupation. This means that you are already permanently medically retired so a new decision does not need to be made.

The only issue at hand is one of abatement of earnings.

Permanent disability to return to your preinjury occupation means that the ACC needed to calculate 80% of what your earnings might've been had you not had the accident as opposed to 80% of your historical earnings. For example if you are on a career path where it would be projected your income would increase in ACC would have had to pay 80% of that.


The operational manual of the ACC determined the abatement earnings to be based on a scaled reduction so that the more that you earn the greater the percentage they would deduct up until a one-to-one ratio once you start getting close to original earnings.

All you need to do is simply notify the ACC that you are no longer earning and that they calculate your earnings compensation based on your predicted earnings.

It is probably a good time to ask the ACC to provide you with a full account of the way in which your earnings capacity in a new occupation has affected your compensation and that they should give you a full accounting starting with the foundation decision under section 60 together with the mode of calculations for the abatement of earnings.


I trust this is helpful.
[/quote
to add to allans .input .to streamline your history ,towards the corporation ,,,,a competent representative as acc matters on your behalf ,may assist you as in such matters as opposed to a go alone approach …. :rolleyes:/>/>/>
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