Kiwi dad's battle with ACC after surgery blunder leaves him unable to walk

John Nicolas, 47, can no longer walk after a complication from surgery. Photo / Michael Craig

Kiwi dad John Nicholas shouldn't be in a wheelchair.

If it wasn't for an unknown complication during a minor back surgery he'd still be working his dream job, be going to the gym every day, entering charity boxing matches and be able to visit his daughter and newborn grandson in the UK.

Instead, the 47-year-old former British marine will never walk properly again.

He's able to hobble around at home using a walking stick but if he needs to leave the house he has to use his wheelchair.

But despite it all, it's his battle with ACC which has almost tipped him over the edge.

"The stress to fight ACC has been soul destroying. They have robbed me of my independence and the chance to get my life back," Nicholas told the Herald from his home in Auckland where he spends majority of his days.

Nicholas had surgery in June last year after dislodging a disc in his back doing squats at the gym. When he woke up from the operation he couldn't feel his left leg and hasn't been able to walk properly since.

An ACC report dated in November last year, which accepted Nicholas' "treatment injury claim" found his inability to use his left leg was caused during the surgery and was a very rare occurrence.

"I believe the likelihood of this occurring in Mr Nicholas' case was 1-2 per cent," his spinal orthopaedic surgeon said in the report.

Though ACC accepted the claim and since January have paid $1460 a week for loss of earnings, he is still fighting for a lump sum compensation and a modified vehicle almost a year later.

in May ACC agreed Nicholas needed a modified vehicle to give him independence. Over the following four months, ACC conducted several need assessments and two visits to a garage to check out a suitable vehicle and take measurements.

But earlier this month, the agency did a U-turn, deciding Nicholas was able to trade in his current vehicle which can't be modified and declined to fund a new one.

However, ACC failed to consider Nicholas owes finance on his current car and will be minus $16,677 after trade-in. ACC has also quoted the cost of the replacement vehicle, which needs to be less than five years old, to be $31,592.

Nicholas said he has no way of paying that.

"It's a catch-22."

ACC has agreed to a mediation hearing on the vehicle on October 11 and a hearing on Nicholas's lump-sum impairment on October 23.

An ACC spokeswoman said in the interest if ensuring mediation had the best chance of reaching resolution they were not prepared to comment until that process was complete.

"In general, when assessing a request for a new vehicle, we must consider any vehicle already owned by a client to determine what financial support we can contribute.

"If a client already owns a vehicle that can't be modified but could be sold, we advise that this vehicle be sold to purchase a new vehicle that can be modified. ACC is generally then able to pay the full costs of modifying that vehicle," the spokeswoman said.

But Nicholas said this was just the tip of the iceberg in his dealings with ACC.

"It feels like they purposely delay every step.

"Instead of them telling me from the beginning everything I could be entitled to, they tell me in drips - it's like a mind game. You're never given all your options," Nicholas said.

And he's not alone in his frustrations in dealing with ACC.

John Nicholas has been fighting ACC for compensation for almost a year, despite the agency accepting his injury was the result of surgery complication. Photo / Michael Craig

Helensville Member of Parliament (MP) Chris Penk and senior MP support Cheryl Morovic, who have been helping Nicholas with his case, said in the last couple of months they have been advocating for five other people in similar circumstances.

New Zealanders who have suffered a "treatment injury" by no fault of their own should not have to fight for their compensation, Morovic said.

She said it was wrong and ACC needed to be overhauled as it did not put the needs of people first and offers the bare minimum.

"It worries me how many people battle this alone without anyone advocating for them," Morovic said.

Penk has written two formal letters to ACC chief executive Scott Pickering requesting a meeting to discuss Nicholas' case but has been ignored.

"Mr Nicholas has a very compelling case that needs to be handled with flexibility and compassion.

"Getting Kiwis back on their feet as soon as possible should be the aim of the game. Especially where treatment injury has been suffered.

"In John's case, we're hoping that sanity will prevail when it comes to his vehicle situation as it's crucial for his work and life needs," Perk said.

The numerous delays and difficulties have resulting in increased stress for Nicholas, Penk said.

"John is ex-military and thus a fighter. Most people in his situation would just get exhausted and give up."

ACC lawyer John Miller described compensation in New Zealand as "miserable".

"It's not fair people have to fight this hard. It adds to the stress, on top of what they have already suffered from the injury they then have to fight the ACC bureaucracy.

"The impairment assessment doesn't take into account the pain and suffering and the inabilities to do things they previously could do," Miller said.

The ACC spokeswoman said this month it launched a free independent service designed to help clients navigate the service with the aim to improve the process.

However, Miller criticised the new service saying it was extremely limited in what it could do for clients and said more transparency was needed.