ACC system a 'money game'

DEAN KOZANIC/Stuff.co.nz

Christchurch man David Kerr says ACC is playing a "money game, not a people game". 

A Christchurch man left disabled and unemployed after a back injury four years ago says his dealings with ACC have left him demoralised.

Once a proud, hard-working electrician, David Kerr said his life had become a "living hell" and at times he was reduced to tears by pain and frustration.

He was left in agony with two crushed spinal discs when he was injured lifting the ramp of a trailer while working at South City Mall in May 2011.

He received surgery a year later but it made no difference, he said.

Two weeks ago, Kerr's weekly ACC payments of $841 were suspended.

His condition was "no longer the result of personal injury" but from degeneration, a letter explained.

A quote from his surgeon was included as evidence for the decision.

"I believe this is multi-level disc change probably on the basis of anatomy, ligamentous laxity and smoking," it said.

The decision left Kerr frustrated and perplexed.

In his view, the word "probably" cast doubt on the organisation's evidence for its position.

"It just doesn't add up."

To have his injury accepted for four years, and then suddenly denied was impossible to accept, Kerr said.

DEAN KOZANIC/FAIRFAX NZ

David Kerr, 53, has had his ACC payments stopped after a back injury four years ago.

"It was considered and accepted as an injury, and now, it's like 'he's been there too long - let's get rid of him'." 

He contacted a lawyer to apply for a review of the decision, but the process was cut short when he realised it would cost him $5400.

This week, he received his first disability allowance from Work and Income – $23.23 a week.

Kerr, a self-confessed workaholic, father and grandfather, said he was desperate to get back to his job to earn a decent living for his family. 

"My biggest fear is I will lose everything."

A spokesperson from ACC said the decision to suspend Kerr's entitlements was based on "independent medical opinion from his [Kerr's] orthopaedic surgeon, supported by medical information and notes contained on Mr Kerr's file including those from his GP".

An independent review process was available "in which the client has the right to engage representation at the level they choose".

Barrister and ACC legal specialist Warren Forster said Kerr's case was a perfect example of how the ACC system denied people access to justice.

"There is a large group of people who can't afford medical evidence, can't afford a lawyer and don't know the law and are, in effect, denied access to justice because of those factors." 

There are more than 300,000 people living with a disability caused by an accident, according to the latest Census data.

ACC provides support for 10,000 to 12,000 people.

"So, there are another 290,000 people - not being supported for their injury - and we don't know why," Forster said.

"In my view it is more likely there is a problem and it's because they have not had access to justice."

Forster was a lead researcher with a team from the University of Otago Legal Issues Centre which investigated the ACC appeals process and delivered a report to Minister for ACC, Nikki Kaye, earlier this year.

The report, on more than 500 ACC decisions, identified barriers to accessing justice faced by people disputing ACC decisions. 

"There's a very complicated, well-funded system to support ACC legal cases, and there's nothing for claimants."

The group recently received $150,000 in funding from the Law Foundation to provide a full report on measures to rectify the problems. Forster expected the report would be ready mid next year.

Kerr said his experience with ACC had created huge stress in his 26-year marriage and left him feeling isolated and hopeless.

"It's a money game, not a people game." 

 - Stuff