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  1. In Topic: Not employed at time of injury

    Today, 12:19 PM

    Does this type of explanation help you gain a greater and correct understanding?
    http://accprotection...er/default.html
    http://accprotection...ts/default.html
    http://www.legislati...t/DLM99494.html
  2. In Topic: ACC avoiding commitments

    12 March 2019 - 12:52 PM

    View PostMINI, on 12 March 2019 - 11:52 AM, said:

    Even if it was a injury you had at home it should still be covered. BUT it could be seen as two separate injuries. One the wrist and the other the spike. You would have to be careful how you word it as they will take it as two if they can. Mind you it is only one day apart, so highly unlikely they could win.

    Good luck

    Mini


    Many I don't think you realise that someone receiving a gradual process injury such as from sport and not from the workplace that they are not entitled to earnings compensation.
    A gradual process injury is determined over the period of time the injury took place and what was causing it. The injury did not occur on the date it was reported.
  3. In Topic: Weekly Comp reassessed as if surgery was a new injury

    12 March 2019 - 11:11 AM

    View Postdumbo, on 11 March 2019 - 07:48 PM, said:

    Gut feeling says trying to get police to take action at this stage as a criminal matter is too early.

    Is there anything I can do to persuade or force ACC to review it seriously?


    The crime starts when there exists a plan to produce a false document. Once the document is produced that has often the evidence that there was a plan tto produce a false document. The crime is the evil intent to produce a document known to be false or not known to be true for the purposes of a pecuniary advantage. The question as to whether or not the ACC staff member signing the communication with the medical assessor has knowingly misled the assessor or directly conspired with the assessor to produce a false document. What you need to do is get a copy of the communication between the ACC and the assessor. That is where they are going to be careless because that is the document they avoid putting in your file.
  4. In Topic: ACC avoiding commitments

    12 March 2019 - 11:08 AM

    View PostChipper, on 11 March 2019 - 07:48 PM, said:

    Yeah but got spiked in the back of the wrist and twisted wrist day after, big lump appears and hasn't gone away thats not a gradual process that's an injury at work. Cheeky to try label it as such without any proof medically.


    Isn't that a separate and additional injury?
  5. In Topic: Weekly Comp reassessed as if surgery was a new injury

    11 March 2019 - 05:50 PM

    View Postdumbo, on 11 March 2019 - 12:47 PM, said:

    Hi all, first post...

    I was on weekly compensation after an accident in early 2017, while employed.

    Three operations later, after redundancy, unemployment and (between second and third operations) briefly working to establish a company I set up, ACC reassessed my weekly compensation using my 12 months' income before the date of my third surgery.

    Surprise, in those twelve months I earned a lot less than in the twelve months before my accident. ACC assessed my weekly compensation as less than immediately post accident.

    Can they do this? I thought that until the original injury was completely healed, I am supposed to get compensation at the rate that reflects my earnings at the time of the accident. My case manager doesn't see a problem.

    I'm hoping your combined experience and wisdom will let me know how to proceed.

    Thanks

    For these long-term injuries ACC is required by the legislation to determine the degree of earnings loss by assessing earnings of the 12 months prior to first being injured. What ACC are trying to do is produce a frontal document for purposes of pecuniary advantage in an attempt to get some kind of discount for their liability to you. What they are doing is most certainly a criminal offence well beyond the scope of the ACC legislation. Perhaps you should be referring the matter through to the police as any trained ACC decision maker will know for an absolute certainty that what they are doing is illegal.