Dunedin lawyer aims for ACC shake-up in fellowship study

Dunedin barrister and ACC specialist Warren Forster has been awarded the 2017 New Zealand Law Foundation International Research Fellowship. Photo / File

He's represented hundreds of embattled Kiwis in their fight against ACC, now Dunedin barrister Warren Forster is gunning the organisation itself.

But it's not about trying to take down the multi-billion dollar Government organisation, rather finding a way so that more New Zealanders can benefit from the scheme.

Forster has been awarded the 2017 New Zealand Law Foundation International Research Fellowship.

He will use the fellowship to research and create a "world-leading disability system that doesn't distinguish between sickness and accidents, and is focused on support and empowerment for people in need rather than shifting costs within the health system".

Forster said he first became aware of ACC as a 26-year-old. He was working overseas in the television production business when his New Zealand-based mother slipped in the shower.

Issues regarding his mother's cover, would lead him into studying law and eventually defending those who ACC had turned down.

"I'm a litigator and I have done hundreds of cases against ACC and do a lot of research as well. I've published a bunch of research reports in the past.

"Basically where we got to with it is that there are some barriers to accessing justice with ACC, so people can't challenge ACC, effectively."

He now had an opportunity to redevelop ACC and "completely transform people's experience".

He labelled ACC's current disability cover scheme "discriminatory" and that there had been many suggestions to extend its cover to include disability for the past 50 years.

He would now research whether there were any suitable models used around the world that could be used in New Zealand.

The announcement of Forster's fellowship coincides with Sir Owen Woodhouse publishing his world-leading report into the country's personal injury system 50 years ago this week.

"Sir Owen foresaw the problems that we see now when we discriminate based on cause of disability. People's experiences in both ACC and the disability system need to be improved."

Forster said all his research always came back with the same issue - ACC stating it could only do what the law allowed and that was granting payments determined by causation.

"ACC says there's 100,000 adverse decisions, but we say there's probably more like 200,000 or 300,000."

He says the cases can result in applicants not only losing their bid for financial cover, but also their homes, their marriages "and their lives go pear-shaped".

"It's a pretty terrible position for everyone involved in that system and if you ask doctors what they want, doctors want to be able to treat the patient."

Forster said his work will include pushing for an increase in getting people with disabilities back into the work force. It would be a boost not only for the claimant but also provide a way to save the Government money.

"If you look at people with disabilities who want to work but can't the participation rate in the labour market of people with disabilities is between 25 and 30 per cent. It's terrible.

"My plan is to build a model and then get economists, politicians, doctors, people with disabilities and psychologists and social scientists to then fight about it. What I'm trying to do is start the debate, do some research and say 'here's the model'."

Forster has 12 to 18 months to complete his research.

Lynda Hagen, director of the Law Foundation, said the fellowship provided recipients up to $125,000 for their work.