Kiwi dad: ACC has robbed me of my independence
Ex-marine is still fighting for compo a year after his traumatic surgery
John Nicholas should not be in a wheelchair. But for an unknown glitch during a minor back surgery the Kiwi dad would still be working his dream job, going to the gym every day, entering charity boxing matches and be able to visit his daughter and newborn grandson in Britain.
Instead, the former British marine will never walk properly again.
He’s able to hobble around his Auckland home using a walking stick but if he needs to leave the house he has to use his wheelchair.
But despite it all, it’s the 47-yearold’s battle with ACC which has almost tipped him over the edge.
“The stress to fight ACC has been soul destroying. They have robbed me of my independence and the chance to get my life back,” Nicholas told the Herald.
Nicholas had surgery in June last year after dislodging a disc in his back doing squats at the gym. When he woke from the operation he couldn’t feel his left leg and hasn’t been able to walk properly since.
An ACC report in November which accepted his “treatment injury claim” found his inability to use his left leg was caused during the surgery and was a very rare occurrence.
“I believe the likelihood of this occurring in Mr Nicholas’ case was 1-2 per cent,” his spinal orthopaedic surgeon said in the report.
Though ACC accepted the claim and since January has paid $1460 a week for loss of earnings, Nicholas is still fighting for a lump sum compensation and a modified vehicle.
In May, ACC agreed he needed a modified vehicle. Over the next four months, it did several need assessments and visited a garage twice to check out a suitable vehicle and take measurements.
But last month, ACC decided Nicholas was able to trade in his current vehicle, which can’t be modified, and declined to fund a new one.
However, it failed to consider he owes finance on his car and will be minus $16,677 after trade-in. ACC has also quoted the cost of the replacement vehicle, which needs to be less than five years old, to be $31,592.
Nicholas said he has no way of paying that. “It’s a catch 22.”
ACC has agreed to a mediation hearing on the vehicle next week and a hearing on Nicholas’s lump-sum claim this month.
An ACC spokeswoman said in the interest if ensuring mediation had the best chance of reaching resolution it was not prepared to comment until that process was complete.
“In general, when assessing a request for a new vehicle, we must consider any vehicle already owned by a client to determine what financial support we can contribute.
“If a client already owns a vehicle that can’t be modified but could be sold, we advise that this vehicle be sold to purchase a new vehicle that can be modified. ACC is generally then able to pay the full costs of modifying that vehicle,” she said.
Nicholas said this was just the tip of the iceberg in his dealings with ACC. “It feels like they purposely delay every step. Instead of them telling me from the beginning everything I could be entitled to, they tell me in drips — it’s like a mind game. You’re never given all your options.”
And he’s not alone in his frustrations in dealing with ACC.
Helensville MP Chris Penk and senior MP support Cheryl Morovic, who have been helping Nicholas, said that in the past couple of months they have been advocating for five others in similar circumstances.
New Zealanders who had suffered a “treatment injury” should not have to fight for their compensation, Morovic said.
Penk said: “Mr Nicholas has a very compelling case that needs to be handled with flexibility and compassion. Getting Kiwis back on their feet as soon as possible should be the aim of the game. Especially where treatment injury has been suffered.
“In John’s case, we’re hoping that sanity will prevail when it comes to his vehicle situation as it’s crucial for his work and life needs.”
ACC lawyer John Miller described compensation in NZ as “miserable”.
“It’s not fair people have to fight this hard. It adds to the stress, on top of what they have already suffered from the injury they then have to fight the ACC bureaucracy,” he said.
“The impairment assessment doesn’t take into account the pain and suffering and the inabilities to do things they previously could do.”