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Graeme Burton Compensationr Idedendence Allowance?

#1 User is offline   Medwyn 

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Posted 08 January 2007 - 12:33 PM

Just wondering whether this individual will receive ACC compensation for the loss of a leg sustained whilst commiting a crime?
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#2 User is offline   Erin 

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Posted 08 January 2007 - 01:17 PM

My understanding is - yes - not his fault the police shot him in the leg.
Hope I'm wrong.
Erin
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Posted 08 January 2007 - 04:14 PM

I thought you didnt get ACC when you were in prison!!

Hope I'm right! Sec 121 'Disentiitlement during imprisionment' and he will be going to prison. I hope!!
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#4 User is offline   doppelganger 

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Posted 08 January 2007 - 04:29 PM

Not sure but think personally the ACC might want to look at the Act carefully


118.Disentitlement because proceedings brought: personal injury caused by work-related gradual process, disease, or infection—

(1)The Corporation [must not] provide a claimant with entitlements for personal injury caused by a work-related gradual process, disease, or infection, if—

(a)subsections (2) and (3) apply to the claimant; or

(b)subsections (2) and (4) apply to the claimant; or

©subsections (2) and (5) apply to the claimant.

(2)This subsection applies to a claimant who suffered the personal injury because, before 1 April 1974, he or she performed a task, or was employed in an environment, in the circumstances described in section 30(2).

(3)This subsection applies to a claimant who—

(a)commenced, before 1 April 1993, any proceedings relating to his or her personal injury, other than under this Act; and

(b)has received or is entitled to receive a sum of money, irrespective of the amount, as a result of the proceedings.

(4)This subsection applies to a claimant who has received, other than under subsection (3), a sum of money, irrespective of the amount, by way of damages, compensation, or settlement of any claim for his or her personal injury, other than under this Act.

(5)This subsection applies to a claimant who—

(a)commenced, before 1 April 1993, any proceedings relating to his or her personal injury, other than under this Act; and

(b)has not discontinued the proceedings; and

©is entitled, because of section 318(3), to complete the proceedings.

Cf 1998 No 114 s 119


119.Disentitlement for wilfully self-inflicted personal injuries and suicide—

(1)The Corporation [must not] provide any entitlement (except treatment) under Schedule 1 for—

(a)a personal injury that a claimant wilfully inflicts on himself or herself or, with intent to injure himself or herself, causes to be inflicted upon himself or herself; or

(b)the death of a claimant due to an injury inflicted in the circumstances described in paragraph (a); or

©the death of a claimant due to suicide.

(2)This section does not excuse the Corporation from liability to provide a claimant with entitlements if the personal injury or death was the result of mental injury.

Cf 1998 No 114 s 120

120.Disentitlement for conviction for murder—

(1)The Corporation [must not] provide any entitlement under Part 4 of Schedule 1 to a claimant if the claimant—
(a)is entitled to the entitlement because of the death of another person; and

(b)has been convicted in New Zealand or another country of the murder of the other person.

(2)The Corporation must suspend any entitlement that the Corporation is liable to provide under Part 4 of Schedule 1 to the claimant because of the death of another person, if the claimant has been charged with the murder of the other person.

(3)The suspension lasts until the proceedings in respect of the charge are finally determined or the charge is withdrawn.

(4)An entitlement provided to a claimant under Part 4 of Schedule 1 becomes a debt due to the Corporation, and may be recovered in any court of competent jurisdiction, if—

(a)the Corporation has provided the entitlement because of the death of another person; and

(b)the claimant has been convicted by a court in New Zealand or another country of the murder of the other person.

(5)In this section, ``murder''—

(a)means murder within the meaning of the Crimes Act 1961; and

(b)includes any killing of a person outside New Zealand that would, if done in New Zealand, have amounted to murder.

Cf 1998 No 114 s 121


121.Disentitlement during imprisonment—

(1)The Corporation [must not] provide any entitlements under Part 2 or Part 4 of Schedule 1 to a claimant in respect of any period during which the claimant is [a prisoner in any prison].

(2)The Corporation is not required to undertake any assessments or make any payments under Part 3 of Schedule 1 to a claimant while the claimant is [a prisoner in any prison].

[(3)In this section, ``prisoner'' and ``prison'' have the same meaning as in section 3(1) of the Corrections Act 2004.]

Cf 1998 No 114 s 122


122.Court may deny entitlements to previously imprisoned offender—

(1)The Corporation may apply to a District Court in the following circumstances:

(a)a claimant suffers personal injury in the course of committing an offence; and

(b)the claimant is sentenced to imprisonment for committing the offence; and

©the Corporation would, but for this section, be liable to provide entitlements to the claimant for the personal injury; and

(d)the Corporation is aware of the claimant's sentence.

(2)The application must ask for a determination, in relation to the entitlements that the Corporation is liable to provide to the claimant, that either—

(a)the Corporation must provide them all when the claimant is released from a [prison (within the meaning of section 3(1) of the Corrections Act 2004)]; or

(b)the Corporation must not provide 1 or more specified entitlements, either wholly or partly, at any time because it would be repugnant to justice for the claimant to receive it or them.

(3)In determining whether it would be repugnant to justice for the claimant to receive a specified entitlement, the court must have regard, without limitation, to the following matters:

(a)the harm caused by the claimant's offence; and

(b)the gravity of the offence; and

©the claimant's personal culpability for the offence; and

(d)the extent of other penalties the claimant has already suffered because of the offence; and

(e)the claimant's personal circumstances; and

(f)the nature of the entitlement; and

(g)the strength of the claimant's need for the entitlement; and

(h)the resources the claimant has to meet that need.

(4)The Corporation is liable to provide the entitlements until the court makes a determination to the contrary under subsection (2)(B), if the claimant is no longer imprisoned and no determination has been made under subsection (2)(B).

(5)Every application to a District Court under this section must be made by originating application.

Cf 1998 No 114 s 123
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#5 User is offline   tonyj 

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Posted 09 January 2007 - 09:52 AM

The leg operation itself is a $11,000.00 exercise and intensive care $1700.00 a day , then the rehab plus equipment along with an extended stay in a hospital under guard in a private room say a further four months at a few hundred a day .

Enough in itself to pay a decent bonus to the radiologists .

It would have been more prudent to invest in marksmanship lesson to our police in the first place so their shots did not drop 4 1/2 feet .

I think we might just see the ACC take a hard line approach on this one and leave themselves exposed to a legal challenge to sort it out..

Well!!!! they do it to innocent suffering clients so why not the criminals .

One reason is high exposure criminal have a bunch of glory seeking lawyers who have ego's a mile long and will take on a case of high profile crims for the personal exposure . They count the seconds of TV time they get as a boost to theri personalised power complex .

So just watch , if the ACC start to play hard ball how many of the lawyers come out of the woodwork to defend his right to ACC .And a warm cell , with underfloor heating , Flat screen TV , electric wheel chair .. At least their will not be a shortage of drugs where he is going .

Watch the lawyers crawl out from under the rocks , shame other than Warren how none of them bother with real ACC client concerns that need legal redress but is financially prohibitive .


Just as aside how many of you think it might be an idea to promote Warren as worthy of an honour in next years new Years Honours list ???

tony

tony
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#6 User is offline   Tomcat 

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Posted 09 January 2007 - 10:17 AM

On Scoop... re Burton and ACC...

http://www.scoop.co....0701/S00024.htm

and

http://www.scoop.co....0701/S00026.htm
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#7 User is offline   Erin 

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Posted 09 January 2007 - 01:00 PM

He was't in prison when his leg was injured, and the act doesn't seem to count being on parole as imprisonment, and his leg was not injured in the act of murdering someone, so I think he is probably entitled to ACC help. But presumably he has had only minimal income over the last 12 months, so his income replacement will be minimal. But if ACC help is disallowed if someone is breaking the law at the time (not sure whether this is the case) he might not get any as he had broken his parole, and therefore the law.
Wonder if ACC would put as much effort and money into disallowing him, as they do for us legitimate people who were minding our own business, and had accidents? And had been paying ACC levies for years.
Erin
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Posted 09 January 2007 - 04:22 PM

Doppel

In your reply post 4.

Don't you just love it.

Section 122 (3)(d) Determining 'Repugnent to Justice'

taken into consideration:
"The extent of other penalties the claimant already sufferered because of the offence".

Now we should be so lucky as to be treated that well.............maybe we wouldnt get 'double taxed' then. Maybe we would get our 'interest' on w/c paid purely on the fact that we have been given false information to begin with.............need I go on.??

I have said it over and over, crims get treated better than us!!

Mind you I do not see that as a reason for coming down to their level.

Anyone in a betting mood, bet you he won't get ACC!! He may have more of the comforts of life than us, but he won't be free.

Cheers
Mini

Actually he might start reading this forum, so I had better shut up because he will be out again before he is an old man!!!
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#9 User is offline   doppelganger 

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Posted 10 January 2007 - 07:11 PM

See what you can do when reading the posts on this board.




Burton Won’t Get Compensation From ACC
Wednesday, 10 January 2007, 12:02 pm
Press Release: Access Support Service
Press release
10 January 2006
Burton Won’t Get Compensation From ACC

Politicians need to do their homework before making statements about Burton getting compensation from ACC.

Sections 120 to 122 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 will prevent Burton from receiving any entitlements other than acute treatment - unless the Court decides it would not be repugnant to justice, which is unlikely.

The ignorance shown by the National and United Future spokespersons is a concern because there are more important ACC issues that need addressing, rather than bogus ones that will get headlines.

ENDS
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#10 User is offline   Shannon 

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Posted 11 January 2007 - 07:05 AM

And heres me thinking he would receive VIP status just goes to show :D
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