Northland Age
  • Northland Age home
  • Latest news
  • Sport
  • Rural
  • Opinion
  • Kaitaia weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • Sport
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology

Locations

  • Far North
  • Kaitaia
  • Kaikohe
  • Bay of Islands
  • Whangārei

Weather

  • Kaitaia
  • Whangārei
  • Dargaville

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / Northland Age

Northland man wins battle against ACC after serious head injury

Shannon Pitman
By Shannon Pitman
Open Justice multimedia journalist, Whangārei·NZ Herald·
13 Jul, 2024 02:00 AM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save
    Share this article
A Northland man has won a battle against ACC after weekly payments were stopped and he was deemed fit to work. Photo / RNZ
A Northland man has won a battle against ACC after weekly payments were stopped and he was deemed fit to work. Photo / RNZ

A Northland man has won a battle against ACC after weekly payments were stopped and he was deemed fit to work. Photo / RNZ

When a man was violently assaulted on the side of the road, it triggered a series of health issues and a prolonged battle for compensation, rendering him unable to work.

With a 22-year career in a senior retail role, his life took a drastic turn on June 1, 2020. He was attacked, suffering multiple blows to the head and left unconscious by the roadside.

What followed was a four-year struggle, battling health problems and ACC’s revoked funding.

But, after losing a review hearing, a judge has now ordered his reinstatement and back pay.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The day after the assault, the Northland man visited the emergency department at Whangārei Hospital but despite experiencing disrupted sleep and headaches the CT scan showed no acute intracranial injury.

His GP filed an ACC claim which was accepted and by June 10 another general practitioner, diagnosed him with a concussion and certified him fully unfit for work due to persisting symptoms such as headaches, fatigue, poor concentration, and difficulty focusing.

On June 16, the man attempted to return to work but was unsuccessful reporting nausea and exhaustion and around this time, ACC added concussion as a covered injury to his claim.

Three days later he advised his GP the nausea was subsiding, however, his fatigue, headaches and sleep issues remained.

Advertisement
Advertise with NZME.

His GP signed him off to return to restricted work and by October 2022, while he was also receiving concussion therapy, he managed to build up to a consistent 20 hours of work per week.

In November 2020, he was discharged from concussion services although he continued to struggle with fatigue and an ACC Training for Independence program was recommended to aid his recovery.

Discover more

  • Wandering stock on Northland roads costing millions ...
  • Winter 2022 sees record number of Northlanders get ...
  • ACC introduces kaupapa Māori navigation services - ...
  • ACC challenging Northland swimmers to practice better ...

His work hours varied between 25 and 30 hours a week due to ongoing fatigue, balance issues, headaches and concentration issues and by 2022, despite medical assessments suggesting a minor improvement, he struggled to sustain a 30-hour work week.

Occupational and medical assessments throughout the year provided mixed results about his independence including one from an occupational therapist, Dr David Ruttenberg.

Dr Ruttenberg concluded that the man had appropriate support, demonstrated a capacity to work 30 hours a week and confirmed nine job options that he considered were medically sustainable at that time.

ACC decided he had achieved vocational independence (VI) and ended his entitlement to weekly compensation in November 2022.

Between January 2023 and February 2024, the man experienced significant health challenges and despite temporary work restrictions, he continued to face physical and mental health issues, including migraines, back injuries and trouble focusing.

Despite medical certifications of his unfitness to work, the ACC decision to end his weekly compensation was upheld in a review on July 20, 2023 sparking an appeal being filed in February 2024.

At the appeal hearing, ACC argued Dr Ruttenberg’s comprehensive report provided a robust basis for determining vocational independence (VI).

The hearing was held in the Wellington District Court in June. Photo / RNZ / Rebekah Parsons-King
The hearing was held in the Wellington District Court in June. Photo / RNZ / Rebekah Parsons-King

However, a recent decision released from Judge Peter Spiller following an appeal hearing at the Wellington District Court emphasised that a finding of work capacity has serious implications and must be supported by strong evidence and an assessment must be realistic and consider the broader context of the individual’s situation.

Advertisement
Advertise with NZME.

Judge Spiller reviewed the evidence and found the man had significant difficulties following the assault and in the two-and-a-half years leading up to the corporation’s decision to cut his payments, his work capacity was limited to 30 hours a week or less.

Further evidence, submitted by several medical practitioners and colleagues proved to the court that his condition continued to affect his ability to work even after ACC’s decision.

The court concluded that ACC’s decision on the man’s work independence was not supported by strong evidence when considered holistically and realistically.

The appeal was allowed, the review decision was quashed, and ACC was directed to reinstate their client’s entitlement to weekly compensation from the time it was suspended.

ACC deputy chief executive for corporate and finance Stewart McRobie told NZME that no decisions have been made with next steps regarding the court decision.

“ACC accepts the court’s findings and will work to implement its decision.”

Advertisement
Advertise with NZME.

ACC would also continue to support the man with his recovery, McRobie said.

Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.




Save
    Share this article

Latest from Northland Age

Northland Age

Locals and travellers left waiting as dump station delay drags on

Northland Age

'I'm so proud': Teen's $48k scholarships pave way to university

Northland Age

Safety push: Ōkaihau community advocates for speed humps over crossings


Sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

Advertisement
Advertise with NZME.

Recommended for you

One dead, another injured in two-vehicle crash
New Zealand

One dead, another injured in two-vehicle crash

Kiwi family react after wife stabs husband 50 times with samurai sword
New Zealand

Kiwi family react after wife stabs husband 50 times with samurai sword

From bachelorette to bride: Dr Lesina Nakhid-Schuster is engaged
Entertainment

From bachelorette to bride: Dr Lesina Nakhid-Schuster is engaged

Cambodia calls for ceasefire as Thailand border conflict intensifies
World

Cambodia calls for ceasefire as Thailand border conflict intensifies

'Completely heartbroken': Hayley Westenra's friends killed in LA homicide
Entertainment

'Completely heartbroken': Hayley Westenra's friends killed in LA homicide

Warriors Women concede three first half tries to trail Titans
Warriors

Warriors Women concede three first half tries to trail Titans



Latest from Northland Age

Locals and travellers left waiting as dump station delay drags on
Northland Age

Locals and travellers left waiting as dump station delay drags on

Council is actively working to find a new dumping site.

25 Jul 12:00 AM
'I'm so proud': Teen's $48k scholarships pave way to university
Northland Age

'I'm so proud': Teen's $48k scholarships pave way to university

24 Jul 01:00 AM
Safety push: Ōkaihau community advocates for speed humps over crossings
Northland Age

Safety push: Ōkaihau community advocates for speed humps over crossings

24 Jul 12:58 AM


Solar bat monitors uncover secrets of Auckland’s night sky
Sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

06 Jul 09:47 PM

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • The Northland Age e-edition
  • Manage your print subscription
  • Manage your digital subscription
  • Subscribe to Herald Premium
  • Subscribe to The Northland Age
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The Northland Age
  • The New Zealand Herald
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP
search by queryly Advanced Search