Big step forward in ACC claim

A man who has struggled for decades with the crippling effects of radiation poisoning has made a major breakthrough in his bid for compensation.

Bryon O’regan, who has suffered for years after getting radiation poisoning from a surgery in 1979, may get to see the first of his compensation payments within a month, thanks to a former colleague coming to his aid.

O’regan has struggled with debilitating episodes of nausea and diarrhoea since 1981.

ACC accepted he would be entitled to recompense, and he has a court ruling on his side, but an ACC requirement for proof that he was working prior to the poisoning has stymied advancement of his case – until now.

Publicity of O’regan’s plight has unearthed colleagues at his former workplace – Ace Bags in Palmerston North – willing to back up his work history.

ACC has accepted a letter from former Ace Bags sewing machine mechanic Tim Lovett, who can prove he was working at the company at the time O’regan was.

Lovett’s letter is a crucial step forward for O’regan, as Inland Revenue’s income tax records only go back a decade and Ace Bags has long ceased to exist.

Lovett has a work reference from one of the company’s managers dated 1982, proving he was working at Ace Bags from 1976.

O’regan has now been classed as an ‘‘earner’’ and can be paid his compensation for the periods he can prove he was working.

O’regan said he was likely to get compensation going back as far as 2005 or 2007.

Compensation dating back to 1979 would have to be negotiated because he did not have records.

‘‘We are going to have to come to some arrangement.’’

O’regan had a meeting with his ACC case manager on Tuesday and was told his compensation would be handled in sections.

‘‘It went well. [The manager] seemed to think it should be sorted within a month.

‘‘I think I achieved more in a couple of hours than I have in eight years.’’

He was unsure how much he would be entitled to, but hoped he might be able to buy a house outside of Auckland. He was pleased to have made some progress.

‘‘It went well. [The manager] seemed to think it should be sorted within a month. I think I achieved more in a couple of hours than I have in eight years.’’ Bryon O’regan

‘‘It just helps me so much.’’ O’regan had not spoken with Lovett, but told the Manawatu Standard he remembered him, and thanked him for his support.

In his letter to ACC, Lovett confirmed O’regan was working at the company at the same time he was.

‘‘[O’regan] was responsible for the running, setting up and maintenance of the paper bag making machine called a ‘tuber’ and was foreman/leading hand of his department and had three to four men working under him.’’

ACC spokeswoman Stephanie Melville said ACC was able to confirm O’regan’s earner status for 1979 as a result of the letter.

‘‘We can now see if Bryon is able to receive weekly compensation for any periods off work that were as a direct result of the covered injury.’’

Melville said ACC was pleased for O’regan that a former colleague had heard about the circumstance and was able to support his working status, ‘‘especially given the time that has passed’’.

‘‘It’s an excellent result,’’ she said.

Melville has said previously that it was a legal requirement for a compensation claimant to provide proof of earnings.