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Mistake Made By Acc ERC miscalculation 15yrs ago

#1 User is offline   jantol 

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Posted 16 March 2004 - 04:35 PM

Hi, well after having had a Focus on Job assessment and Initial Medical assessment done by Dr John Monash, who by the way was very understanding and know exactly what I couldn't do as far as jobs were concerned, which by the way is nill, but I have yet to receive the report from my CM , so will wait with baited breath for that. I have now been informed by ACC that back in 1989 I was calculated wrongly and that they now have to reduce my ERC. OK, well they might have made a mistake but my question is.. will they be coming after me for all the extra money that they gave me? I am very reluctant to ask ACC as it amounts to over$22,000 .00 now :(
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#2 User is offline   Easyrider 

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Posted 16 March 2004 - 04:59 PM

Get expert help to see if the calcalations are right or not, as ACC audit you file each year looks like the stuff up is theirs. Ask ACC to supply you all the information on how the calculations were wrong. Do it in writing, and if you have not done allready stop talking to them on the phone, corrospendce by letter only.All the necesary forms are in the site. Or contact your nearest group for help and support.
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#3 User is offline   jantol 

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Posted 16 March 2004 - 05:19 PM

Thanks Easyrider, no I don't talk to them on the phone,as I have to have every thing in writting or I forget whats been said. Going back 15years seems excessive to me why didn't they pick this up earlier if as you say they are supposed to Audit each year. I will certainly ask for all the calculations that they have.
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#4 User is offline   roamy 

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Posted 18 March 2004 - 12:28 AM

easyrider, do you mean that acc check every file each year for all financial stuff, is that what you mean.If that is the case would that include calculations that were made say 10 years ago?Do they then go over those same calculations every year on and on?
jantol, as far as paying back goes, if they have really been overpaying you (as oppossed to just another sneaky scheme) i would think you could avoid paying back , by using this received the money in good faith thing and you needed it for daily living etc.. i could see a judge having great difficulty making you pay back this money.roamy
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#5 User is offline   Tipster007 

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Posted 24 March 2004 - 12:15 AM

Hi Jantol,

If you are able to give us some more detail as to why ACC believe they have been over paying you for 15 years then I might be able to offer you some useful help.

Do they believe is it a mistake in their actual paying system or are they saying that they have used the wrong ERC figures when calculating your 80% earnings related compensation entitlement back under the 1982 Act??

Sometimes where a claimant has had post injury earnings/employment the Corporation may later (wrongly) try to regard any of those periods of employment as periods of further incapacity and try to apply the 80% erc/wc calculation to the last employment figure instead of applying it to the level of earnings at date of accident. This can sometimes show up in an audit situation where they are then looking at it from a retrospective angle and therefore decide with the benefit of hindsight to apply the lesser figure than that of 80% of your pre accident earnings, thereby placing you in a SUPPOSED debt situation.

Tipster007
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#6 User is offline   doppelganger 

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Posted 28 January 2005 - 11:29 PM

In section 113 it says that any calulation mustbe awarded to the highest figure. when an injured person has a reactive injury due to the injury not healing properly then a claimant receives the higher of the any entitlement

In my view it is the ACC way in making the scheeme efficant by supplying the lesser amount
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#7 User is offline   jocko 

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Posted 29 January 2005 - 07:57 AM

You see this now and then where payments have been allegedly " overpaid"
I have never,never ever seen ACC discover it had underpaid a claimant.
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#8 User is offline   Kiwee 

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Posted 29 January 2005 - 07:53 PM

My case was "audited" by acc flying squad last year... and out of the blue they decided they owed me for underpayments to my ERC for about 10 years worth. I was paid the badkdated amount, and when I asked for the interest --- that was paid out also. So I guess ACC can be fair when you least expect it. Had to mention that one Jocko, hope it doesnt dissillusion you about acc lol
kiwee
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#9 User is offline   SOPHIE 

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Posted 29 January 2005 - 10:31 PM

:rolleyes: Hi there.... A very good question, and I went through exactly the same thing. A few points of interest are -
1. The Statute of Limatations Law - that is that they cannot go any further back than 7 years, ie - this would greatly alter this overpayment amount.
2. You received in Good Faith, and most importantly, ' if you received this money in good faith and did not contribute any fraudulent documents of which created this overpayment" - then you cannot be expected to pay it back.
The short and sweet of it is THEY STUFFED UP.

I was accused of receiving a large overpayment, but after doing the whole Court thing, it was proven that I didnt owe them a red cent. I think I was supposed to feel bad and buckle under the strain. I would advise you to get expert advice.

All the best. ;)
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