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Entitlement And Hours Of Work Bench level of ACC's work requirements

#1 User is offline   Limoges 

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Posted 08 April 2005 - 10:27 AM

Can someone tell me if ACC has a certain number of hours that are viewed as 'being able to work '(obviously part-time) before reducing a claimant's entitlements?
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#2 User is offline   doppelganger 

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Posted 08 April 2005 - 07:13 PM

woggle tell your mates that the fire soften the metal but when the firemen put it out it cristialsed the saftey frame.

Any good metal worker knows all about annealing, or tempering and that is what this fire did

this is what a few people knoe anf there is several ways to temper mettals. to temper steel is to add a chemical anf in this fire it is carbon. The steel has to be heated the carbon added then cooled. the carbon in this case comes fron all that black smoke from the Deisel and oil. this process is called "Gas Carburizing" and when to good men from the fire brigade cooled it all down they made sure that all the hot steel became case hardened.

there is a liquid carburizing that can be used and this is to place a liquid full of carbon. some of these are Sodium Cyanide, Barium Cyanide, and calcium Cyanide. it is funny that these are also usedin hardening paints mainly in car paints.

of cause one of the best and easiest products to obtain is carbon enriched fuels and oil. basicly this is engine oil and deisel. yes the black stuff. there is a problem in using this stuff as the outside of the metal gets very hard. If doing this to axles they become brittle. and week. now if we get a lime and deisel mixture this slows the cooling process down making the metal more ductile but still getting a deep case hardening.


Now the next time that you are spreeding that fertliser on the garden think that it has more useages than growing plants.

Now forthe ones that really want to harden some steels with a bit of Nitriding go no futher than the kitchen cupoard and get out that Handy andy. yes you need ammmonia.

Now there are certain ACC employees that wrecken that these chemicals are used for other purposes but then there mind is walked and been looking at too many pic's from the intrenet.
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#3 User is offline   doppelganger 

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Posted 08 April 2005 - 10:49 PM

Abatements is what you are looking for Schedule 1 part 2 Clauses 49 to 51.

these are the sections that concern you.

Abatement
49.Earnings definitions for purposes of clause 51—
  • In clause 51(1), ``earnings'' does not include weekly compensation or any other entitlement payable under this schedule.

  • In clause 51(1), ``earnings'' includes any payment (in addition to a payment for work actually undertaken by the claimant) made by the claimant's employer during the claimant's incapacity that exceeds the difference between—
    • the level of the claimant's actual earnings immediately before his or her incapacity commenced; and

    • the level of the claimant's weekly compensation.

  • In clause 51(1) and (2), ``earnings'' includes any payment made on the termination of employment in respect of leave entitlements. The Corporation must treat such a payment as having been derived after the termination of employment for a period that is equal to the total period that the claimant could have taken as leave if the claimant had not received the payment.

  • In clause 51(1) and (2)—
    • ``earnings'' includes payments—
      • whether made in New Zealand or overseas:

      • whether made in New Zealand currency or an overseas currency:

    • ``employment'' includes employment whether in New Zealand or overseas.

  • Payments made in an overseas currency must be treated as having been converted into New Zealand currency at the average rate of foreign exchange offered, at the date of payment, by registered banks in New Zealand.
Cf 1998 No 114 Schedule 1 cl 23

50.Estimation for abatement purposes of earnings that cannot be ascertained—
  • This clause applies to a claimant who has—
    • earnings as a self-employed person; or

    • earnings as a shareholder-employee.

  • This clause applies when the Corporation cannot readily ascertain, for abatement purposes, the claimant's actual earnings during a particular period, during incapacity.

  • In order to calculate the claimant's earnings under this Part, the Corporation may estimate an amount that represents reasonable remuneration for the claimant during the period.


  • The Corporation must have regard to—
    • the evidence available of the claimant's earnings; and

    • the nature of the claimant's employment immediately before his or her incapacity commenced; and

    • the nature of the claimant's employment that the claimant has during the period of incapacity.
51.Abatement of compensation—
  • In calculating weekly compensation under this Part, the Corporation must reduce the amount of weekly compensation paid to a claimant by—
    • 24 cents for every $1 of earnings derived during the period of incapacity in excess of $56.67 a week, but not in excess of $90.62 a week; and

    • 56 cents for every $1 of earnings derived during the period of incapacity in excess of $90.62 a week.

  • The Corporation must also reduce the amount of weekly compensation paid so as to ensure that the total of the claimant's weekly compensation and earnings after his or her incapacity commences does not exceed the claimant's weekly earnings as calculated under clauses 33 to 45 or 47.


  • The weekly amounts in subclause (1) must be adjusted in the manner provided in section 115.


  • The amount of a claimant's weekly earnings under subclause (2) must be adjusted in the manner provided in section 115.
Cf 1998 No 114 Schedule 1 cl 24

Hope this is what you want.

If you work or are perceived to able to work 35 hours or more the compensation will be stopped.
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#4 User is offline   Limoges 

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Posted 09 April 2005 - 10:35 AM

Thanks Doppel. Does this mean then that if you can work 3 hours per week say that ACC can abate your earnings, regardless of whether you find a suitable job?
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#5 User is offline   greg 

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Posted 09 April 2005 - 04:27 PM

Confirm which ACC. Act give you cover
for your injury.
It is my understanding there are differences.
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#6 User is offline   doppelganger 

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Posted 09 April 2005 - 07:29 PM

as far as i know the ACC can not deduct you entitlement if you can not find a suitable job for only 3 hours per week.

the only time that the corporation can reduce your entitlement is when it is found that you can ork 35 hours or more per week.

If the corporation is saying that they can deductan entitlement find out what section of the Act that they are using.

Greg you are right in that the earlier acts did alow the corporation to reduce the entitlement when it was found that the claimant was not working to its fullest.

the old Act encurraged the claimant to look at all types of work when the latter Act discurages looking at work that is not equal or above what you were getting.
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#7 User is offline   Limoges 

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Posted 10 April 2005 - 09:22 AM

Initial injury happened 1989 but Med. Mis. in 1991. What Act does this make the claim come under?
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#8 User is offline   doppelganger 

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Posted 10 April 2005 - 09:44 PM

if you made a claim in 1991 then your claim came under the 1982 Act but the administerating of your file is now done under the 2001 Act.

for the corporation to change a decision made under the 1982 Act it must use the legistation under the 82 Act, but this is because the 2001 Act say that.

basicly everything that you get is under the 2001 Act. this is including the paying of compensation.
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