MP urges ACC to show flexibility

A senior opposition MP has slammed ACC for making a radiation-poisoning sufferer jump over impossible hurdles in his battle for compensation.

Bryon O’regan was poisoned in a 1979 operation and has missed long periods of work since as its after-effects, such as severe nausea, continue to bite.

He has a court ruling on his side and ACC admits he would be entitled to compensation, however, he must prove he was working when he was poisoned.

His then employer – Palmerston North firm Ace Bags – has shut and Inland Revenue does not keep income tax records for longer than 10 years. Instead, O’regan is trying to find a fellow employee to sign an affidavit verifying his story.

Adding to the difficulty is the necessity for that person to also prove they worked there at the time.

Labour’s ACC spokeswoman Sue Moroney said that went too far.

‘‘To require that person to prove they were working just goes beyond the pale. The fellow employee has nothing to gain... ACC should accept that.’’

Moroney said ACC would be aware occupational issues can take time to manifest.

‘‘They are going to have difficulty in providing proof.’’

She said the organisation needed to show more flexibility.

‘‘ACC need to recognise how difficult it is to provide details when and where they were working.’’

An affidavit would likely be ‘‘as good as it gets’’.

‘‘ACC know these documents won’t exist that long after an event, they need to be flexible in what they require in this incidence.’’

Moroney said O’regan might not be the only person who will find difficulties in proving they were employed.

‘‘This is an issue that is going to be happening from time to time. ACC need to have a better response.’’

Even if O’regan can find someone to back him, he must talso provide medical reports for times he was unable to work as a result of incapacity due to his covered injury.

Moroney said ACC issues were always complex, but the corporation was ‘‘too hardline’’ in this instance.

ACC spokeswoman Stephanie Melville said it was a legal requirement for a compensation claimant to provide proof of earnings.

‘‘The law says you have to be employed, the legislation is very clear about that.’’

Melville previously told the Manawatu Standard ACC was not trying to be unfair.

‘‘This is not us being inflexible, we are required by law to obtain proof.’’

She said compensation was not judged on a case-by-case basis and ACC could not make an exception for O’regan.

Since O’regan went public with his fight, three former Ace Bgs employees have come forward. However, none of them worked with him before his hospital treatment.

Meanwhile, he continues to suffer from his debilitating injury.

‘‘I’m very sore today. It’s tough all right.’’