ACC changes ruling on burn victim’s payments
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.