The Southland Times

ACC changes ruling on burn victim’s payments

- Rachael Kelly

Burns victim Roger McKernan has had some good news out of what he calls a ‘‘shitty situation’’.

ACC has admitted it made an error in giving him inconsiste­nt informatio­n after his two most recent surgeries, and has agreed to make a discretion­ary payment to him.

McKernan, who now lives in Christchur­ch and has a young family, was 13 when he received horrific burns to his face, neck and hands in a go-karting accident in Invercargi­ll in 2002.

The 29-year-old still carries the scars of the accident and has endured about 50 scar release and reconstruc­tion surgeries since.

McKernan had time off work in 2014 to recover from a surgery related to his burns, and received 80 per cent of his income from ACC.

He was expecting the same after his latest five hour scar release surgery in May, but he got a shock to learn from ACC he would not be paid 80 per cent of his wages but would instead get a much reduced loss of potential earnings payment after tax.

ACC is now going to pay him the difference.

While he’s pleased at the outcome, it was too little, too late, he said.

‘‘It’s like losing an arm and then three years later being told ‘oh here’s a fake one for you’.

‘‘I’m already back at work on light duties but the payment will make a difference because I can catch up on bills now that I was behind on.’’

An ACC spokespers­on said the organisati­on had made a discretion­ary payment to McKernan in recognitio­n that more than one occasion it set the wrong expectatio­n about how much weekly compensati­on he would receive.

‘‘The amount we have paid him equates to the difference between what we indicated he would receive (the standard weekly compensati­on rate of 80 per cent of his earnings), and what we actually, and correctly, paid him (Loss of Potential Earnings, or LOPE, which is 80 per cent of the minimum wage).

‘‘We have also explained to Mr McKernan that should he have any further incapacity relating to his claim, he will be paid at the LOPE rate.’’

When asked if the payment would set a precedent for other ACC claims, or whether other clients has received wrong informatio­n, the spokespers­on said the decision applies solely to ACC’s handling of McKernan’s case.

 ??  ?? Roger McKernan
Roger McKernan

Newspapers in English

Newspapers from New Zealand