Dear Mr Smith

 

Thank you for your email below, dated 26 January 2018, requesting
information under the Official Information Act 1982.

 

ACC is working on your request and will be in touch with you as soon as
possible, and certainly by 26 February 2018.

 

If you have any questions we will be happy to work with you to resolve
these. We can be contacted via email at [1][email address].

 

Yours sincerely

 

Government Engagement and Support

 

ACC / PO Box 242 / Wellington 6140 / New Zealand /    
  [2]www.acc.co.nz
     
  ACC cares about the environment – please don’t print this email    
    unless it is really necessary. Thank you.    

 

 

 

 

 

 

 

 

 

 

 

 

 

-----Original Message-----

From: Trevor Smith
[[3]mailto:[FOI #7171 email]]

Sent: Friday, 26 January 2018 9:54 a.m.

To: Information Website Mail

Subject: Official Information request - Balance of Probabilities when
claiming injuries can not have cover.

 

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

 

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This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[4][FOI #7171 email]

 

Is [5][ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:

[6]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[7]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

-------------------------------------------------------------------

 

 

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Dear Mr Smith

 

Please find attached ACC’s response to your Official Information Act
request of 26 January 2018.

 

Yours sincerely

 

Government Engagement and Support

 

ACC / PO Box 242 / Wellington 6140 / New Zealand /    
  [1]www.acc.co.nz
     
  ACC cares about the environment – please don’t print this email    
    unless it is really necessary. Thank you.    

 

 

 

 

 

 

 

 

 

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

References

Visible links
1. http://www.acc.co.nz/
http://www.acc.co.nz/

Dear Mr Smith

 

We acknowledge your email below dated 3 September 2018, sent as a reply to
our previous correspondence of 26 February 2018 (Ref: 0051294).

As you have not made a request for information within your email, we have
filed this correspondence with the original request referenced above.

If you wish to make a request under the Official Information Act in the
future, please email us again at this same address, and this will be
directed to one of our team members for response.

 

Yours sincerely

 

Government Engagement & Support

 

ACC / PO Box 242 / Wellington 6140 / New Zealand /    
  [1]www.acc.co.nz
     
  ACC cares about the environment – please don’t print this email    
    unless it is really necessary. Thank you.    

 

 

 

 

 

 

 

 

 

-----Original Message-----
From: Trevor Smith [mailto:[FOI #7171 email]]
Sent: Monday, 3 September 2018 12:55 PM
To: Government Services <[email address]>
Subject: Re: Response to your Official Information Act request (0051294)

 

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

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

References

Visible links
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http://www.acc.co.nz/

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