• Andrew
    387
    So heres a question for the ACC experts.

    I have had a person injured. He had a couple of days off and then came back to work

    In the first week of incapacity (which I have taken as his first day away) he lost two days gross pay because he was only away for 2 days. He was then paid the rest of the time that the worked when he came back to worlk that week. So I gave him 80% of the two days.

    So I interpret S92(2) to mean you look at the first week not days or hours. The first time a person is incapacitated is the start that first week. (It doesn't have to be the day on or immediately following the date of injury - its date of incapacity.

    If the person usual earning were $1,000 a week (calculated as per S92 (3) - which clearly points to the week before the incapacity - which can only be calculated when you know the first day of incapacity.) and that person looses $200 in earnings due to the incapacity during that week then compo is 80% of $200.

    And once that is done our liability for first week compo is done. Any subsequent loss of earnings due to incapacity is on ACC.

    So now months later the employee has had some time off, its due to the original; injury (I'm not going to contest that). But the view (from ACC) is I have to pay him compo on our account, rather an ACC paying it.

    I reckon ACC should be foot the bill.

    And I take comfort from the interpretation of first week which is

    first week of incapacity means the period—
    (a) starting,—
    (i) in a case where there are separate periods of incapacity resulting from the same personal injury, on the day on which the initial period of incapacity commences;

    Thoughts please.
  • Jane
    92
    ACC make their decisions based on what the doctor says. So do you know for sure if the doctor has told ACC the latest absence is from the original injury?

    What does the new medical cert say? The original ACC claim no, or a new, different one? Was it a work-related incident, so you can get information on the claim, or a non work-related incident so it is harder to get information on the claim (can you see the claim in MyACC?).
  • Andrew
    387
    I'm not worried about the injury @Jane. I'm happy enough to accept it is related to the first injury.

    Its the issue of me paying for the time off.
  • Jane
    92
    Yeah, but understanding how the doctor and ACC have coded the claim is crucial, if this is information you don't have, then perhaps a good way forward will be finding this out. If it is coded as a separate claim by the doctor, then it is a separate claim, no matter what you think.

    What you accept or don't accept is less relevant to the situation than what the doctor has said to ACC.
  • Andrew
    387
    Its not a separate claim. We all agree it is the same injury
  • Genevieve Power
    9
    Assuming the med certs have the same claim number then this would apply I think

    The Date of First Incapacity (DOFI) or start of 7 day stand down is the earlier of:

    When they took time off work to seek treatment
    OR when they are first certified as unable to work

    https://www.acc.co.nz/assets/business/quick-guide-employer-guide-weekly-compensation.pdf

    Unfortunately many front line ACC staff are unaware of this so you may need to remind them of this and confirm DOFI and that this above applies

    Then get your staff member onto applying for there compensation asap so there is no delay in payment
  • Andrew
    387
    So that's 2 hours of my life I won't get back.

    I was right.

    Always useful to have the applicable sections of the Act on hand when they try to bluff their way through.

    ACC now off to pay my person.
  • Steve H
    308
    That's why you get paid the big bucks Andrew :razz:
  • Andrew
    387
    I guess so. But at the end of the year you get a bit tired and leave yourself questioning your knowledge when confronted with authoritarian public servants.
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