Dear Accident Compensation Corporation,

This Official Information request is as a result of the information supplied on 26 July 2017 in which the policies do not apply to the legislation as in its statement ;
This means that the clent's symptoms or limitations relate wholly or substantially to something for which ACC is unable to grant cover, such as:
• gradual process injury, disease or infection, that does not have cover itself

Section 26 (2) described the legislation to include;
(2) Personal injury does not include personal injury caused wholly or substantially by a gradual process, disease, or infection unless it is personal injury of a kind described in section 20(2)(e) to (h).

Section 20(e) to (h) is as;
(e) personal injury caused by a work-related gradual process, disease, or infection suffered by the person:
(f) personal injury caused by a gradual process, disease, or infection that is treatment injury suffered by the person:
(g) personal injury caused by a gradual process, disease, or infection consequential on personal injury suffered by the person for which the person has cover:
(h) personal injury caused by a gradual process, disease, or infection consequential on treatment given to the person for personal injury for which the person has cover:

and then there is section 30 ;
30 Personal injury caused by work-related gradual process, disease, or infection
(1) Personal injury caused by a work-related gradual process, disease, or infection
means personal injury—
(a) suffered by a person; and
(b) caused by a gradual process, disease, or infection; and
(c) caused in the circumstances described in subsection (2).

As the statement in the policy is wrong in fact and Law as • gradual process injury, disease or infection, does have cover if the gradual process injury, disease or infection, it is a personal injury of the kind described in the Act. Unless it is shown that the gradual process injury, disease or infection is not covered and the gradual process injury, disease or infection is not a personal injury then it must remain a Personal Injury.

As the High Court decision of MICHAEL ERNEST ELLWOOD V ACCIDENT COMPENSATION CORPORATION HC WN CIV 2005-485-536 18 December 2006 had identified that the Corporation staff and assessors had ignored that the gradual process of the injury from 1993 and 1995 are excepted under the earlier Acts and the current Act, there needed to be change in the Accident Compensation Corporation policy.

So that the persons currently responsible for the correction of policies supply the name and position of all that is responsible from the legal section of Accident Compensation Corporation to the CEO and board.

As the Accident Compensation Corporation will have policy into how to correct there policies we request those policies and if there are none then explain why there is no policies into how and when it is approximate in changing policies to reduce litigation.

As the policies show the Accident Compensation Corporation is claiming that gradual process injury, disease or infection, personal injury can not be accepted, what is the balance of probabilities that entitlements can be declined when ACC staff claim that the gradual process injury, disease or infection is not a covered injury or can be covered.

What is the balance of probabilities that a claim under the above sections is accepted and any gradual process injury, disease or infection is accepted as having cover that a claimant will be denied entitlement because of those injuries.

As this Official Information request has identified breach of the claimants right in that the Corporation is not applying the legislation and possibility breaches of other enactment or the general Law.

One will have to consider if the errors in policy justifies the correction in all decision by the Accident Compensation Corporation because on the Balance of Probability when claiming any personal injury due to gradual process injury, disease or infection does not have cover when the Act specifically applies cover as described in the relevant sections in the Act.

Yours faithfully,

Trevor Smith

Dear Government Services,
The Accident Compensation Corporation did reply claiming that there is policy that give cover ov the degeneration of the covered injury, but the document is not refered to or linked to other documents. The failure of correcting the policy is for the purpose of claiming that they are following the legislation in an equitable and financially affordable manner.

The purpose of the Act is
3 Purpose
The purpose of this Act is to enhance the public good and reinforce the social contract represented by the first accident compensation scheme by providing for a fair and sustainable scheme for managing personal injury that has, as its overriding goals, minimising both the overall incidence of injury in the community, and the impact of injury on the community (including economic, social, and personal costs), through—
(a) establishing as a primary function of the Corporation the promotion of measures to reduce the incidence and severity of personal injury:
(b) providing for a framework for the collection, co-ordination, and analysis of injury-related information:
(c) ensuring that, where injuries occur, the Corporation’s primary focus should be on rehabilitation with the goal of achieving an appropriate quality of life through the provision of entitlements that restores to the maximum practicable extent a claimant’s health, independence, and participation:
(d) ensuring that, during their rehabilitation, claimants receive fair compensation for loss from injury, including fair determination of weekly compensation and, where appropriate, lump sums for permanent impairment:
(e) ensuring positive claimant interactions with the Corporation through the development and operation of a Code of ACC Claimants’ Rights:
(f) ensuring that persons who suffered personal injuries before the commencement of this Act continue to receive entitlements where appropriate.

By removing cover by claiming the injury does not have cover they believe that entitlements do not have to be supplied. This is especially when ACC try to claim an injury is the deterioration of a injury or a new injury is a deterioration of an earlier injury.

Yours sincerely,

Trevor Smith