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

 
Howard Davis Review: Dick Frizzell At The Solander Gallery

One of the most influential and celebrated contemporary Pop artists working in New Zealand, Dick Frizzell is mostly known for his appropriation of kitsch Kiwiana icons, which he often incorporates into cartoon-like paintings and lithographs. Not content with adhering to one particular style, he likes to adopt consciously unfashionable styles of painting, in a manner reminiscent of Roy Lichtenstein. More>>

Old Music: Pop Icon Adam Ant Announces NZ Tour

Following his recent sold out North American and UK tours, Adam Ant is celebrating the 35th anniversary of the release of his landmark KINGS OF THE WILD FRONTIER album with a newly-remastered reissue (Sony Legacy) and Australasian tour. More>>

Scoop Review Of Books:
Looking Back

Writing a memoir that appeals to a broad readership is a difficult undertaking. As an experienced communicator, Lloyd Geering keeps the reader’s interest alive through ten chapters (or portholes) giving views of different aspects of his life in 20th-century New Zealand. More>>

Scoop Review Of Books: Purple (and Violet) Prose

This is the second recent conjoint publication by Reeve and Stapp; all to do with esoteric, arcane and obscure vocabulary – sesquipedalian, anyone – and so much more besides. Before I write further, I must stress that the book is an equal partnership between words and images and that one cannot thrive without the other. More>>

Howard Davis: Get It On, Bang A Gong, Pt I

Several readers have recently inquired about the significance of the image that accompanies my by-line. While the man-bun is long gone, I still incorporate the sound of the gong in my Kundalini Yoga classes. More>>

ALSO:

Breaking The Ice: U.S. Antarctic Icebreaker Visits New Zealand

The United States has sought, and been granted, New Zealand’s permission for a U.S. Coast Guard icebreaker, the U.S. Coast Guard Cutter (USCGC) POLAR STAR (WAGB-10), to make a port call at Lyttelton on its way home from Antarctica sometime later this month. More>>

Scoop Review Of Books: Trading Places

Greg Clydesdale, a lecturer in business at Lincoln University, has written a comprehensive account of global trade from the seventh century to modern times. More>>

Sheep: Shearing Record Smashed In Hawke’s Bay

Three shearers gathered from around New Zealand have smashed a World record by 264 sheep despite the heat, the pumiced sheep of inland Hawke’s Bay and a year’s wool weighing an average of over 3.5kg a sheep. More>>

ALSO:

Get More From Scoop

 
 

LATEST HEADLINES

 
 
 
 
Health
Search Scoop  
 
 
Powered by Vodafone
NZ independent news