ACCforum: These Things Take Time - ACCforum

Jump to content

  • 4 Pages +
  • « First
  • 2
  • 3
  • 4
  • You cannot start a new topic
  • You cannot reply to this topic

These Things Take Time ACC Head Cheese

#61 User is offline   Al9lifes 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 4
  • Joined: 16-October 05

Posted 09 August 2007 - 06:25 PM

Quote

6 August 2007
Mr Alan Langdon
AI 67/07
Dear Sir
APPLICATION--FOR LEAVE-TO-APPEAL: YOURSELF v ACCIDENT-COMPENSATION- CORPORATION
I acknowledge receipt of your letter dated 6 August 2007, which I have treated as an
application for leave to appeal to the High Court.
In accordance with section 162 of the Injury Prevention, Rehabilitation, and Compensation
Act 2001 you are only able to appeal to the High Court on a point of law. Section 162
provides:
"162. Appeal to High Court on question of law-
(1) A party to an appeal who is dissatisfied with the decision of the District Court as
being wrong in law may, with leave of the District Court, appeal to the High Court.
(2) The leave of the District Court must be sought under Part V of the District Courts
Act 1947 and within 21 days after the District Court's decision."
As you will see, you can only appeal on a point of law, therefore it will be necessary for you to
provide a statement or submission stating where the District Court was wrong in law in its
decision. I would strongiy suggest that you seek legai advice to assist you with this matter.
Once you provide this submission, a copy will be sent to counsel for the Accident
Compensation Corporation who will be asked to file submissions in response. You will then
have the opportunity to file submissions in reply before the matter is referred to a District
Court Judge for consideration on the papers, without the need for a formal hearing.
If the Court grants you leave to appeal you have 21 days after receiving the decision to file a
notice of appeal in the High Court. You would have to ascertain from the High Court what
their requirements are and what the likely costs to you would be.
In view of the above, please file your submissions within 21 days.Please do not hesitate to contact me at [email protected] or on (04) 918 8404 if
you require any further assistance.
Yours faithfully
Bruce Watson
for Deputy Registrar
Accident Compensation Appeals Registry
cc Legal Services Group
ACC ~
POBox 242
WELLlNGTON
Attention: Nick Lawson


Attached File  MOJ_6_August_2007.pdf (802.5K)
Number of downloads: 18
0

#62 User is offline   Al9lifes 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 4
  • Joined: 16-October 05

Posted 13 August 2007 - 08:31 PM

I am incapable of doing anything here but giving up.
Is this my only option ?
0

#63 User is offline   flowers 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 30
  • Joined: 25-March 04

Posted 14 August 2007 - 07:56 AM

Attached File  say_20never_20die_202.jpg (89.15K)
Number of downloads: 3
0

#64 Guest_mini_*

  • Group: Guests

Posted 14 August 2007 - 10:30 AM

Al9lifes

I cannot get your attachment at post 64 open, so cannot comment apart from tell you that the letter from the courts is a standard letter accepting your letter to appeal.

Can you post attachment in word format for me please.

And never say you have have no option!

Cheers Mini
0

#65 User is offline   Al9lifes 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 4
  • Joined: 16-October 05

Posted 10 September 2007 - 02:32 AM

Quote

13 January 2005

Dear Mr Langdon,
I am writing with regard to a letter we sent to you on the 24th December 2004 requesting information required for your claim.

I wish to retract this letter and apologise for the inconvenience I am sure this will have caused you.

We are actively working with the Ombudsman towards fInalising the arrangements regarding your reinstatement of weekly compensation and it was inappropriate of us to have sent you this letter.

I hope that this dispels any concerns you may have had following receipt of our letter of the 24th December.

If you have any further queries please do not hesitate to contact me on my direct dial
915-8146 to discuss further.
Yours sincerely,
Delline Brunt
Acting Branch Manager
HENDERSON ACC


http://www.accforum.org/forums/index.php?s...ost&p=47607
0

#66 User is offline   Al9lifes 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 4
  • Joined: 16-October 05

Posted 21 September 2007 - 06:58 AM

Quote

13 January 2005

I wish to retract this 24th December 2004 letter and apologise for the inconvenience I am sure this will have caused you.

Yours sincerely,
Delline Brunt
Acting Branch Manager
HENDERSON ACC


And a very merry Xmas was had by the ACC.
At my expense.

This post has been edited by Al9lifes: 25 September 2007 - 04:52 PM

0

#67 User is offline   Al9lifes 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 4
  • Joined: 16-October 05

Posted 02 October 2007 - 10:47 PM

Quote

memorandum
To Customer Service Technical Support

From Cara Somers

File Reference Alan Langdon - 90/214018

Date 27 September 2007

Subject Interest calculation

Background

~PREVENTION. CARE. RECOVERY.
Te Kaporelhana Awhlna Hunga Whara


Please see my previous memo (attached), dated 21 July 2005, which outlines the background to Mr Langdon's claim.

In brief, ACC declined to provide further weekly compensation to Mr Langdon from 26 June
2002, on the basis of non-compliance. In late 2004, ACC decided that this decision was
incorrect, and that Mr Langdon's weekly compensation should be reinstated and backdated.
Work and Income subsequently advised ACC that Mr Langdon had received a benefit from
them for the periods from 30 July 2002 to 13 October 2002, and from 4 February 2003 to 16
January 2005.

Weekly compensation was then paid to Mr Langdon for periods where no Work & Income
reimbursement was required (27 June 2002 to 29 July 2002, and 13 October 2002 to 3
February 2003) and interest of $1,473.21 was paid on 15 August 2005, based on an 'all
information' date of 27 June 2002.

Recent events

On 7 July 2006 Work and Income advised ACC that the amount to be reimbursed to them for
the period from 30 July 2002 to 12 October 2002, and 4 February 2003 to 16 January 2005 was
$29,147.85. On 10 July 2006 ACC sent a letter to Mr Langdon advising him that ACC had
calculated his backdated weekly compensation entitlement, and that the amount due to him
was as follows:

Backdated compensation owed: $47,581.88

LessWork and Income benefit received: $29,147.85

Total amount owed (before tax): $18,434.03

Mr Langdon was offered the opportunity to discuss his tax situation with IRD and then advise ACC within 10 days whether or not he would be obtaining a special tax code.

Mr Langdon applied for a review of this decision and advised ACC at the review hearing that
the Work and Income reimbursement amount was still under review with Work and Income.

ACC queried this with Work and Income following the review hearing, and on 4 October 2006
they advised the following:

"The client has misinjormed you.

The original debt established was:

Gross: $36,818.61
Tax: $5,867.10
Net: $31,010.91

Mr Langdon applied for a Review of Decision and the debt was reduced to:
Gross $29,147.85
Tax: $4,704.95
Net: $24,442.90

The latter figures are the correct details which were faxed to ACC on
07/07/06 at the client's request. /I


As a consequence of this, on 12 October 2006 another backdated weekly compensation letter
was sent to Mr Langdon, explaining that Work and Income had confirmed that the
reimbursement amounts they had previously advised were final. Mr Langdon was re-advised of
the backdated weekly compensation owing.

Mr Langdon phoned ACC on 17 October 2006 and advised that Work and Income was wrong
and that the matter was still under review.

After requesting further clarification from Work and Income, they advised ACC on 19 October
2006 that Mr Langdon was in fact still disputing the reimbursement amount, and that a review
hearing was yet to be held on this matter. Their email stated:

"I have checked with the Benefi't Review Committee and it appears / may have jumped the gun.

The client withdrew his application jor a review of Work and Income's decision to adjust his benefit entitlement as a result of his weekly compensation entidement.

However the client had lodged another application to review the resulting overpayment. The decision to establish the overpayment was upheld at the internal review stage but:

• the cllent's advocate is yet to confirm a date jor the hear/ng
• the committee are yet to make a decision

As the matter has not yet been decided please do not process the reimbursement until I can confirm the outcome of the review"


On 19 October 2006 ACC issued a letter to Mr Langdon, revoking the decision of 12 October
2006.

Mr Langdon applied for a review of this decision, however he was unsuccessful. He then
appealed this decision to the district court.

On 27 June 2007, Dane Tuiqereqere contacted me regarding Mr Langdon's claim (Dane was
acting for ACC in respect of the appeal). Dane asked whether it was possible for ACC to pay
the amount due to Mr Langdon (less the reimbursement amount of $29, 147.85 initially advised
by Work and Income) in the meantime, until Work and Income finalise their review and give
ACC the go-ahead to process the reimbursement. It was decided that if Work and Income
confirmed that the reimbursement amount was unlikely to increase as a result of the review,
then ACC would pay the arrears due to Mr Langdon in the meantime. Work and Income
subsequently confirmed that this was the case, and ACC proceeded with paying backdated
weekly compensation to Mr Langdon as follows:

Payment of $18,433.94 gross was made to Mr Langdon on 31 July 2007.

On 23 July 2007 Judge Beattie confirmed in his appeal decision that ACC's proposal to pay the
backdated weekly compensation in the meantime, until Work and Income finalise their
reimbursement amounts, was sensible and should be implemented without delay.

'All information' date:

ACC received notification of reimbursement amounts from Work and Income on 7 July 2006.
The reimbursement information from Work and Income was the only information required in
order to pay backdated weekly compensation to Mr Langdon. I therefore believe that he
qualifies for discretionary interest. The criteria are:

• a claimant's weekly compensation is stopped or ceased, and
• ACC's decision to cease payments was based on incorrect or erroneous information,
and
• if not for ACC's incorrect decision the claimant would continue to receive entitlements,
and

• the claimant then seeks assistance from Work and Income, and
• ACC reinstates the entitlement and does not require any further information other
than from Work and Income

It appears that Mr Langdon's case meets all of these criteria.


Please find enclosed an interest calculation totalling $5,019.94. It would be appreciated if you
would please check the calculation, and confirm whether the discretionary interest criteria are
met.

If you have any queries, please contact me on 8121.

Regards,
Cara Somers
Technical Claims Manager
Henderson Branch

Attached File  Cara_Somers_27_th_September_2007_1_and_2.pdf (918.12K)
Number of downloads: 42



Quote

•Referral for calculation of interest This form is to be used by staff
when referring interest
calculations over $1,000 to
Operations Support Group
Te Kaporelhana Awhlna Hunga Whara
Section 114 of the Injury, Prevention, Rehabilitation, and Compensation Act 2001'Payment o/interest when ACC
makes late payment 0/ weekly compensation 'provides for the payment of interest on weekly compensation, where that
compensation is not paid within 1 month of ACC receiving all information necessary for calculation of the
payment.
Interest cannot be paid in respect of weekly compensation payable before 1July 1992 but is payable from then, on
any amount of weekly compensation for a period prior to 1July 1992, that remained unpaid at that date.
Note: Where a claimant applied for interest while section nof the ARCI 1992 Act was in force, they may be
eligible for a payment of interest on weekly compensation prior to 1July 1992.
Branch to complete
Please read the instructions on Informe (under: Entitlements, rehabilitation, treatment> Weekly
compensation> Deductions, reimbursement and interest) on how to calculate and pay interest before
completing this form. Also complete the interest calculation using Branch Toolkit.
From Cara Somers .
To: Operations Support Group
ACC Corporate Office
Position Technical Claims Manager .
Branch Henderson .
Date 27 September 2007 Fax 915-8101.. .
It has been determined that an interest payment is due on this claim, and you are requested to confirm the
amount payable.
Name Alan Langdon
Claim number 90214018
Date of personal injury. 02/02/1990 DOFI/DOSI 03/03/90
I confirm that the amounts recorded below relate only to weekly compensation entitlement. D
The following must always be provided:
• A summary of the weekly compensation entitlement, including calculations D
• A recommendation showing the reasons for payment of interest. D
• A copy of the Technical Claims Manager or Branch Manager's approval for payment of D
interest.
• A short explanation detailing when all the necessary information to calculate and make the D
payment of weekly compensation was received for each identified arrears period
• The date that the claimant first applied for interest - either verbally or written D
• Print out from Toolkit showing details of interest calculation D
The following information should also be attached - if applicable:
• A spreadsheet showing what has been paid and what should have been paid (to be used when D
the claimant has been receiving weekly compensation and the calculation is reassessed)
• Details of any post-incapacity earnings earned during the period that arrears is due D
• Details of any debt incurred during the period of weekly compensation arrears D
• Copies of any reviews or Appeals relevant to the reinstatement of weekly compensation or D
the payment of interest
• Work and Income reimbursement details

0

#68 User is offline   Al9lifes 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 4
  • Joined: 16-October 05

Posted 02 October 2007 - 11:07 PM

:angry:

Attached File(s)


0

#69 User is offline   Al9lifes 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 4
  • Joined: 16-October 05

Posted 08 January 2016 - 07:23 AM

View PostAl9lifes, on 02 October 2007 - 10:47 PM, said:


0

#70 User is offline   Aurora 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 562
  • Joined: 12-December 13
  • LocationNew Zealand

Posted 09 January 2016 - 02:58 PM

Kia ora
A win I take it!!
I can only download the first two pages of the decision .....
Well done!!
0

#71 User is offline   Al9lifes 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 4
  • Joined: 16-October 05

Posted 09 January 2016 - 03:31 PM

https://www.google.c...zSSuNEgdAAg1Yhg
Langdon v ACC [2014] NZACA 9 (9 April 2014) β€” Ministry of Justice ...


I found it online.
From in unrelated search.
Does my head in as they say.
0

#72 User is offline   greg 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 1159
  • Joined: 15-September 03

Posted 09 January 2016 - 05:14 PM

I also have a similar claim after being made redundant when having not completed 365 days only 300+
from memory, but still got the 1 year payout of $10k due to wife & 2 kids minus tax . 1987
If I had completed the full year , there was no tax and not included as earnings under the 82 act.
The Accountant at the time got this wrong and supplied ACC wrong earnings for the end of year accounts
and the debt and interest is still mounting. I always wondered why they went with 4 weeks
but after "Wayne" a poster suggested ACC Policy was to go with the cheapest figure 4- 12 -52 weeks .
All the paperwork is available , just waiting ,,,might contact Mr. Mines ??.
0

Share this topic:


  • 4 Pages +
  • « First
  • 2
  • 3
  • 4
  • You cannot start a new topic
  • You cannot reply to this topic

1 User(s) are reading this topic
0 members, 1 guests, 0 anonymous users