Lawyer to carry on ACC crusade

WELLINGTON - Hundreds more accident compensation claimants could benefit from a Court of Appeal ruling this week obliging ACC to give backpay of nearly $4 million to 278 New Zealanders.

John Miller, the lawyer for the pensioner at the centre of the case, estimated yesterday that another 1000 seriously injured claimants wrongfully categorised as "temporarily" disabled could also be in line for backpay.

He plans to take up the fight next month.

Mr Miller said changes in ACC legislation in 1992 pulled the rug out from claimants relying on compensation until they were aged 65.

The National Government created a "meaner" act which affected hundreds of incapacitated elderly people.

His client, Maureen Watton, aged 65, of Gisborne, won $30,000 in backpay after the court rejected ACC's appeal against a High Court ruling that the corporation's interpretation of the law was unfair.

Under the new laws, ACC cut off Mrs Watton's earnings-related compensation when she was 63, not 65 as she had been assured under the 1982 act.

Mr Miller said that following publicity over the case, about 40 people had approached him seeking similar help. ACC had treated 30 of them as temporarily incapacitated when the injuries were permanent.

"There is an argument that some of them should have been made Section 60s [permanent incapacity] but weren't qualified because ACC never got around to it."

In some cases ACC deliberately delayed assessing people for permanent incapacity as it knew incoming legislation would cut out the need to compensate them to the age of 65, Mr Miller said.

He also argued that "you had a right under the old ACC act to get compensation to 65, and it was a measure of injustice if that was taken away from you."

- NZPA