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  1. In Topic: Reinstatement of Weekly Conpensation

    28 April 2020 - 12:14 AM

    View Postdoppelganger, on 14 April 2020 - 07:22 PM, said:

    The sections that you need to look at is

    Corporation to pay weekly compensation after first week of incapacity
    32 Corporation to pay weekly compensation for loss of earnings to claimant
    who was earner
    (1) The Corporation is liable to pay weekly compensation for loss of earnings to a
    claimant who—
    (a) has an incapacity resulting from a personal injury for which he or she
    has cover; and
    (B)/>/> was an earner immediately before his or her incapacity commenced.
    (2) The claimant is entitled to weekly compensation for loss of earnings—
    (a) on and from the day after the first week of incapacity ends; and
    (B)/>/> for any period of incapacity, after that first week, resulting from the personal
    injury for which he or she has cover.
    (3) The weekly compensation payable is 80% of the claimant’s weekly earnings, as
    calculated under clauses 33 to 45 and 48.
    (4) Subclause (3) is subject to clauses 46, 51, 52, and 53.
    (5) The amount of weekly compensation payable to the claimant must be adjusted
    in the manner provided in section 115.
    (6) In this clause, earner includes a person who has purchased weekly compensation
    under section 223.
    Compare: 1998 No 114 Schedule 1 cl 7
    Employee in permanent employment
    Heading: amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act
    2010 (2010 No 1).
    33 Weekly earnings if earner had earnings as employee immediately before
    incapacity commenced: application of clause 34
    (1) Clause 34 applies to a claimant who—
    (a) was an earner immediately before his or her incapacity commenced; and
    (B)/>/> was in permanent employment at that time; and
    © had earnings as an employee from that permanent employment at that
    time.

    (2) If the claimant had permanent employment with more than 1 employer at that
    time, the weekly earnings of the claimant, in respect of each employer he or
    she had at that time, are as calculated separately under clause 34 and aggregated
    under clause 41.
    (3) For the purposes of this clause and clause 34, the claimant is regarded as having
    been in permanent employment if, in the opinion of the Corporation, he or
    she would have continued to receive earnings from that employment for a continuous
    period of more than 12 months after the date on which his or her incapacity
    commenced, if he or she had not suffered the personal injury.
    (4) Subclause (5) applies if—
    (a) the claimant was in permanent employment (that was full-time employment)
    as an employee immediately before his or her incapacity commenced;
    and
    (B)/> before the employment, the claimant was employed by the same employer
    for less than 30 hours per week.
    (5) The weekly earnings of the claimant is the greater of—
    (a) the claimant’s weekly earnings calculated in accordance with clause 34:
    (B)/> the claimant’s weekly earnings calculated in accordance with clause 36,
    as if the claimant were not in permanent employment immediately before
    his or her incapacity commenced.
    Schedule 1 clause 33: substituted, on 1 July 2010, by section 47(1) of the Accident Compensation
    Amendment Act 2010 (2010 No 1).

    You will need to take into account the meaning of the word Incapacity

    103 Corporation to determine incapacity of claimant who, at time of personal
    injury, was earner or on unpaid parental leave
    (1) The Corporation must determine under this section the incapacity of—
    (a) a claimant who was an earner at the time he or she suffered the personal
    injury:
    (B)/>/> a claimant who was on unpaid parental leave at the time he or she suffered
    the personal injury.
    (2) The question that the Corporation must determine is whether the claimant is
    unable, because of his or her personal injury, to engage in employment in
    which he or she was employed when he or she suffered the personal injury.
    (3) If the answer under subsection (2) is that the claimant is unable to engage in
    such employment, the claimant is incapacitated for employment.

    (4) The references in subsections (1) and (2) to a personal injury are references to a
    personal injury for which the person has cover under this Act.
    (5) Subsection (4) is for the avoidance of doubt.

    You should look at section 103 (ignore section 105 as it does not apply to you )

    Incapacity does not mean disability and the question is when did your injury incapacity prevent you from engaging in the employment .

    My suggestion would be to ask the case manager how did they interpenetrate the legislation and how did they determine that unable engage in employment was in 2012 and not the later date the employment ceased.


    [quote]
    Schedule 1 Accident Compensation Act 2001

    36 Weekly earnings if earner had earnings as employee not in permanent
    employment immediately before incapacity commenced: calculations
    (1) This subclause applies to each of the 4 weeks after the first week of incapacity.
    The claimant’s weekly earnings for each of the 4 weeks are calculated using
    the following formula:
    a
    b

    where—
    a is the claimant’s earnings as an employee (from all employment that was
    not permanent employment) in the 4 weeks immediately before his or
    her incapacity commenced
    b is the number of full or part weeks during which the claimant earned
    those earnings as an employee in the 4 weeks immediately before his or
    her incapacity commenced.
    (2) This subclause applies to any weekly period of incapacity after the 4 weeks described
    in subclause (1). The claimant’s weekly earnings for any such weekly
    period are calculated using the following formula:
    a
    b
    where—
    a is the claimant’s earnings as an employee (from all employment that was
    not permanent employment) in the 52 weeks immediately before his or
    her incapacity commenced
    b is 52 or such smaller number, if adjustments are required under subclause
    (4).
    (3) For the purposes of this clause the following must be disregarded in calculating
    weekly earnings:
    (a) any period during which the claimant was entitled to weekly compensation:
    (b) any continuous period of unpaid sick leave, during a period of employment,
    of more than 1 week:
    © any period during which—
    (i) the claimant did not receive earnings as an employee; and
    (ii) the claimant did receive earnings as a self-employed person or as
    a shareholder-employee; and
    (iii) those earnings ceased before the commencement of the claimant’s
    incapacity:
    (d) any earnings in respect of any period under paragraph (a), (b), or ©.
    (4) In item b of the formula set out in subclause (2), the expression 52 is adjusted
    by deducting from it any number of weekly periods that subclause (3)(a), (b),
    or © applies to.
    (5) For the purposes of subclause (3)©, the Corporation may determine the number
    of weeks that fairly and reasonably represent the period during which the
    claimant received earnings as a self-employed person or as a shareholderemployee.

    Schedule 1 clause 36: substituted, on 1 July 2010, by section 47(1) of the Accident Compensation
    Amendment Act 2010 (2010 No 1).

    I would suggest that you read the clauses in how the calculation is calculated.
  2. In Topic: Reinstatement of Weekly Conpensation

    27 April 2020 - 11:59 PM

    View Postdoppelganger, on 14 April 2020 - 07:22 PM, said:

    The sections that you need to look at is

    Corporation to pay weekly compensation after first week of incapacity
    32 Corporation to pay weekly compensation for loss of earnings to claimant
    who was earner
    (1) The Corporation is liable to pay weekly compensation for loss of earnings to a
    claimant who—
    (a) has an incapacity resulting from a personal injury for which he or she
    has cover; and
    (B)/>/> was an earner immediately before his or her incapacity commenced.
    (2) The claimant is entitled to weekly compensation for loss of earnings—
    (a) on and from the day after the first week of incapacity ends; and
    (B)/>/> for any period of incapacity, after that first week, resulting from the personal
    injury for which he or she has cover.
    (3) The weekly compensation payable is 80% of the claimant’s weekly earnings, as
    calculated under clauses 33 to 45 and 48.
    (4) Subclause (3) is subject to clauses 46, 51, 52, and 53.
    (5) The amount of weekly compensation payable to the claimant must be adjusted
    in the manner provided in section 115.
    (6) In this clause, earner includes a person who has purchased weekly compensation
    under section 223.
    Compare: 1998 No 114 Schedule 1 cl 7
    Employee in permanent employment
    Heading: amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act
    2010 (2010 No 1).
    33 Weekly earnings if earner had earnings as employee immediately before
    incapacity commenced: application of clause 34
    (1) Clause 34 applies to a claimant who—
    (a) was an earner immediately before his or her incapacity commenced; and
    (B)/>/> was in permanent employment at that time; and
    © had earnings as an employee from that permanent employment at that
    time.

    (2) If the claimant had permanent employment with more than 1 employer at that
    time, the weekly earnings of the claimant, in respect of each employer he or
    she had at that time, are as calculated separately under clause 34 and aggregated
    under clause 41.
    (3) For the purposes of this clause and clause 34, the claimant is regarded as having
    been in permanent employment if, in the opinion of the Corporation, he or
    she would have continued to receive earnings from that employment for a continuous
    period of more than 12 months after the date on which his or her incapacity
    commenced, if he or she had not suffered the personal injury.
    (4) Subclause (5) applies if—
    (a) the claimant was in permanent employment (that was full-time employment)
    as an employee immediately before his or her incapacity commenced;
    and
    (B)/> before the employment, the claimant was employed by the same employer
    for less than 30 hours per week.
    (5) The weekly earnings of the claimant is the greater of—
    (a) the claimant’s weekly earnings calculated in accordance with clause 34:
    (B)/> the claimant’s weekly earnings calculated in accordance with clause 36,
    as if the claimant were not in permanent employment immediately before
    his or her incapacity commenced.
    Schedule 1 clause 33: substituted, on 1 July 2010, by section 47(1) of the Accident Compensation
    Amendment Act 2010 (2010 No 1).

    You will need to take into account the meaning of the word Incapacity

    103 Corporation to determine incapacity of claimant who, at time of personal
    injury, was earner or on unpaid parental leave
    (1) The Corporation must determine under this section the incapacity of—
    (a) a claimant who was an earner at the time he or she suffered the personal
    injury:
    (B)/>/> a claimant who was on unpaid parental leave at the time he or she suffered
    the personal injury.
    (2) The question that the Corporation must determine is whether the claimant is
    unable, because of his or her personal injury, to engage in employment in
    which he or she was employed when he or she suffered the personal injury.
    (3) If the answer under subsection (2) is that the claimant is unable to engage in
    such employment, the claimant is incapacitated for employment.

    (4) The references in subsections (1) and (2) to a personal injury are references to a
    personal injury for which the person has cover under this Act.
    (5) Subsection (4) is for the avoidance of doubt.

    You should look at section 103 (ignore section 105 as it does not apply to you )

    Incapacity does not mean disability and the question is when did your injury incapacity prevent you from engaging in the employment .

    My suggestion would be to ask the case manager how did they interpenetrate the legislation and how did they determine that unable engage in employment was in 2012 and not the later date the employment ceased.



    I would suggest that you read the clauses in how the calculation is calculated.

    Do a search on the court decisions using clause 32, 33. you will find decisions there on this matter.

    Ignore Alan Thomas suggestions as he does not want you to recieve your rightful entitlements.
  3. In Topic: ACC spends $17,714,069.82 in the Share Market

    27 April 2020 - 11:07 PM

    Keen The ACC claim that they were short of funds to supply entitlements in February.

    It will be interesting to see this company is going to survive as it main income is from retail / business space leasing. Taking into considering late last year they had to suspend trading due to having financial trouble in paying their debt.

    The Law does not allow ACC to invest money when there is not enough to supply entitlements.
  4. In Topic: Reinstatement of Weekly Conpensation

    20 April 2020 - 10:32 PM

    View PostSammy5570, on 17 April 2020 - 10:20 AM, said:

    Thank you to those who responded constructively. I'd prefer if you didn't use my post to conduct your mudslinging... I was simply looking for assistance. I have what I need now, no further replies needed at this point thanks


    Sorry about correcting Alan Thommas as he has mislead a number of persons because he thinks that no one else should have ACC because he is not getting what he wants.

    Alan Thomas is working as a corporate psycho works in telling everyone what he believes is correct when knowing it is incorrect.

    ACC staff and their advisers (Lawyers) also use the same practices telling judges that not supplying irrelevant information is an offence and therefore believe that because the claimant did not inform ACC specific information the claimant is not entitled to entitlements.
  5. In Topic: Backdated Payment Query

    16 April 2020 - 08:57 PM

    that is correct as WINZ paid tax on what they have paid you. That is the Tax Act and nothing to do with the ACC Act.