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dumbo

Weekly Comp reassessed as if surgery is new injury

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Hi all, first post... hope this is the right place.

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

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Welcome. For your first post it is an extremely interesting one.

 

First of all. I'm far from being an expert ... in fact your user-name would have been a better choice for me had I thought of it lol

But anyway

 

I always thought it was the higher of the two but not sure how your change of jobs in between would affect that

 

Do you have any correspondence from ACC stating/implying that your incapacity has/had miraculously healed and you were fit for work?

What about your GP, what do they think/say about this?

 

Great question dumbo

 

 

 

 

 

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At the moment, I don't think there is any question I am incapacitated. I'm otherwise well so don't see much of my GP, only a phone call to get repeat painkillers. I see my surgeon every 6 weeks and he looks at the Xrays and scans and reminds me how difficult this can be to fix.

 

But after the operations, I have had periods off ACC weekly compensation.I did take myself back to work full time after the first operation, when it seemed like I would be mending from it. Only to be made redundant a month later. And again after the second operation, I worked as a shareholder employee until the third operation- since which I have not been able to work.  Fortunately, one of my customers has said they will hire my firm again when I am well so I can get some income reasonably quickly then.

 

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