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. Hewas 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.
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.
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.
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
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.
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.”
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.
