News Video | Policy | GPs | Hospitals | Medical | Mental Health | Welfare | Search

 


ACC inflicts ‘double jeopardy’, says claimant

Media release 14 April 2014

ACC inflicts ‘double jeopardy’, says claimant


A disabled man in Auckland has twice had his weekly compensation stopped by ACC for amending the corporation's standard privacy release form despite a District Court ruling in the claimant’s favour.

ACC specialists have found Peter de Waal, aged 53, to be permanently disabled and suffering a whole body impairment rating of 38 per cent.

In July 2009, Mr de Waal’s compensation was stopped by ACC after he amended their privacy release form 167 to reflect a prior agreement with ACC.

Under this prior agreement, which a judge later found had been running smoothly since February 2001, ACC had agreed to contact Mr de Waal on a case-by-case basis whenever the corporation wished to release private information to a medical practitioner.

“Eight years later, however, ACC unilaterally demanded that I sign their 167 form,” said Mr de Waal. “They simply ignored their own privacy agreement with me. When I stuck to this original agreement, they cut me off my compensation three days after the birth of my first child when my partner was recovering from a cesarian operation.”

“In effect, ACC demanded the right to release any or all my private information to whoever they wished for the rest of my life, with no ability for me to check on what they were doing and why.”

In October 2012, Justice Joyce in the Auckland District Court found in Mr de Waal’s favour and ordered the resumption of his weekly compensation backdated to when it had been cut off.

But a month ago, on 14 March 2014, ACC again stopped Mr de Waal’s compensation after he inserted the same amendment into their privacy release form.

“I don't believe that ACC has the legal power to overturn a Court decision,” commented Mr de Waal. “But that’s what they’ve just done. So I ask: Is this right? I think that ACC is inflicting double jeopardy on me, by their second termination of my compensation in defiance of a prior Court ruling.”

“And I hear they're taking similar actions against other ACC claimants. That’s why I’m making this public stand.”

--

District Court ruling by Justice Joyce, October 2012:

“The appeal is allowed so that the Corporation's decision of 21 July 2009 is set aside.

“It will now be for the Corporation to inquire into and see to the meeting of such entitlements as in the meantime Mr de Waal may have lost out on on account of the suspension of entitlements effected by that decision.”

© Scoop Media

 
 
 
 
 
Culture Headlines | Health Headlines | Education Headlines

 

Architecture:
Ian Athfield Dies In Wellington

New Zealand Institute of Architects: It is with great sadness that we inform Members that Sir Ian Athfield, one of New Zealand's finest architects, has passed away in Wellington. More>>

ALSO:

Wellington Production: New-Look Tracy Brothers Are F.A.B.

ITV and New Zealand’s Pukeko Pictures today released an exclusive preview of the new-look Tracy brothers from this year’s hotly anticipated new series, Thunderbirds Are Go. More>>

ALSO:

Cardinal Numbers:
Pope Francis Names Archbishop From NZ Among New Cardinals

Announcing a list of bishops to be made Cardinals in February Pope Francis named Archbishop John Dew, Archbishop of Wellington, overnight from Rome. On hearing the news of the announcement, Archbishop John Dew said "This news is recognition of the Catholic Church in Aotearoa New Zealand, and the contribution it makes to the global Catholic family." More>>

ALSO:

Nomenclature: Charlotte And Oliver Top Baby Names For 2014

Charlotte and Oliver were the most popular names for newborn girls and boys in 2014... The top 100 girls’ and boys’ names make up a small proportion of the more than 12,000 unique first names registered for children born this year, says Jeff Montgomery, Registrar-General of Births, Deaths and Marriage. More>>

Werewolf: Katniss Joins The News Team

From the outset, the Hunger Games series has dwelt obsessively on the ways that media images infiltrate our public and personal lives... From that grim starting point, Mockingjay Part One takes the process a few stages further. There is very little of the film that does not involve the characters (a) being on screens (b) making propaganda footage to be screened and (c) reacting to what other characters have been doing on screens. More>>

ALSO:

Scoop Review Of Books: Ko Witi Te Kaituhituhi

Witi Ihimaera, the distinguished Māori author and the first Māori to publish a book of short stories and a novel, has adopted a new genre with his latest book. But despite its subtitle, this book is a great deal more than a memoir of childhood. More>>

Werewolf: Rescuing Paul Robeson

Would it be any harder these days, for the US government to destroy the career of a famous American entertainer and disappear them from history – purely because of their political beliefs? You would hope so. In 1940, Paul Robeson – a gifted black athlete, singer, film star, Shakespearean actor and orator – was one of the most beloved entertainers on the planet. More>>

ALSO:

"Not A Competition... A Quest": Chapman Tripp Theatre Award Winners

Big winners on the night were Equivocation (Promising Newcomer, Best Costume, Best Director and Production of the Year), Kiss the Fish (Best Music Composition, Outstanding New NZ Play and Best Supporting Actress), and Watch (Best Set, Best Sound Design and Outstanding Performance). More>>

ALSO:

Get More From Scoop

 
 

LATEST HEADLINES

 
 
 
 
Health
Search Scoop  
 
 
Powered by Vodafone
NZ independent news