ACC admits ‘despicable’ treatment of worker

Former smelter worker says toxic fumes seriously reduced his lung capacity. Cate Broughton reports.

A Tiwai smelter worker has received an extraordinary apology from ACC for what it admits was ‘‘despicable’’ treatment of him over a period of over three decades.

Christchurch man Hugh Donald, 68, developed asthma while working at the smelter between 1978 and 1983.

His job involved supervising pots of molten aluminium without appropriate protection from fumes and alumina dust.

Donald lost 30 per cent of the capacity of his lungs when they were poisoned by toxic fumes in the late 1970s.

Now Donald has been given two separate payments of $10,000 and an apology, but says he wants an independent review of his case and to protect others from being badly treated by ACC.

Donald made his first claim in 1981 after being diagnosed with asthma – he quit the job for the good of his health in 1983.

Since then, he says he has suffered 80 life-threatening asthma attacks.

Donald said he was made to prove his asthma had developed as a result of his workplace and that it wasn’t a pre-existing condition before his claim was accepted.

He said the department had refused to pay his medical costs, underpaid him his weekly compensation, stopped his payments without explanation and failed to pay for medical services or his medication.

He ended up lashing out when a branch manager refused to meet with him to explain and he hurled a bucket of pig manure around the Dunedin office.

At the time, he said: ‘‘You have given me s*** for the last 19 years – you’ve given me too much and I brought some back’’.

In August 2015, Donald found ACC had deposited $10,000 into his account without explanation.

The ACC admitted this year that their treatment of him had been ‘‘despicable’’.

In March, Donald met with ACC’s southern area central manager Darren Vaeluaga, who acknowledged the poor treatment of Donald.

He said the deposit of $10,000 in August 2015 was ‘‘in consideration for the hurt and harm ACC has caused you throughout your claim’’.

Vaeluaga wrote in meeting minutes ‘‘one staff member seemed intent on continuing to frustrate and anger you’’.

Vaeluaga admitted staff had refused to engage with Donald and acted ‘‘completely inappropriately’’.

He offered Donald a further $10,000 to cover legal expenses resulting from the pig poo incident and as an acknowledgement of his own actions.

Donald said the apology and offer of compensation was not enough to make up for his treatment and he wanted his story heard by an independant mediator.

‘‘ACC need to acknowledge publicly what they are doing to not just me but a lot of people, they have to acknowledge it . . . and they have to be brought to account.’’

A spokesman said ACC had agreed to mediation and acknowledged Donald was treated poorly.

You have given me s... for the last 19 years . . . I brought some back. HUGH DONAL