Challenges in ACC Accredited Employer Program
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ACC ACCREDITED EMPLOYER
PROGRAMME:
PROBLEMS IN PRACTICE
Ben Thompson
Partner
Armstrong Thompson
SCOPE OF PRESENTATION
Nature/governing principles of AEP to be discussed in second half of presentation.
This first part will focus upon problems experienced by claimants in practice (both in
the course of litigation and otherwise).
Several issues are commonly seen, when employer tries to change ‘hats’.
PROBLEMS IN PRACTICE
Confusion/conflation of ACC and employment issues, approaches and attitudes:
Sharing/use of medical information contrary to purpose for which it was obtained.
Attempts to “settle” claims.
Denial of claims arising from concerns regarding fault.
Punitive measures taken in response to resignation.
PROBLEMS IN PRACTICE
Systems put in place which discourage prompt ACC claims being made:
Referral to company physio in the first instance.
Claimants ‘falling down the cracks’ between ACC and the AE:
Disputes between ACC and AE as to source of symptoms, and therefore liability for entitlements.
Can lead to delays and litigation, even where evidence clearly establishes a right to entitlements.
PROBLEMS IN PRACTICE
Departures from standard dispute resolution processes:
“Informal” response to review applications.
Potential evidential and jurisdictional disadvantage to claimant.
AE fails to clearly explain rights/responsibilities.
Great preparedness to appeal:
Misunderstanding regarding precedent value of review decisions.
Explore common challenges faced by claimants in the ACC Accredited Employer Program, including confusion between ACC and employment issues, delays in claims processing, inadequate dispute resolution processes, and more. Learn about the impact on claimants and strategies for improvement.
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Presentation Transcript
ACC ACCREDITED EMPLOYER Ben Thompson Partner Armstrong Thompson PROGRAMME: PROBLEMS IN PRACTICE
SCOPE OF PRESENTATION Nature/governing principles of AEP to be discussed in second half of presentation. This first part will focus upon problems experienced by claimants in practice (both in the course of litigation and otherwise). Several issues are commonly seen, when employer tries to change hats .
PROBLEMS IN PRACTICE Confusion/conflation of ACC and employment issues, approaches and attitudes: Sharing/use of medical information contrary to purpose for which it was obtained. Attempts to settle claims. Denial of claims arising from concerns regarding fault. Punitive measures taken in response to resignation.
PROBLEMS IN PRACTICE Systems put in place which discourage prompt ACC claims being made: Referral to company physio in the first instance. Claimants falling down the cracks between ACC and the AE: Disputes between ACC and AE as to source of symptoms, and therefore liability for entitlements. Can lead to delays and litigation, even where evidence clearly establishes a right to entitlements.
PROBLEMS IN PRACTICE Departures from standard dispute resolution processes: Informal response to review applications. Potential evidential and jurisdictional disadvantage to claimant. AE fails to clearly explain rights/responsibilities. Great preparedness to appeal: Misunderstanding regarding precedent value of review decisions.
