Northland man beats ACC after serious head injury

A man who suffered long-term from an assault was forced to fight ACC after it cancelled his funding. (File photo)
photo: supply

A man was left unable to work after a violent roadside attack sparked a series of health problems and a lengthy battle over compensation.

He had 22 years of experience in retail, but his life took a major turn on June 1, 2020. He was attacked and struck multiple times on the head, leaving him unconscious on the side of the road.

What followed was four years of struggle, battling health issues and the removal of funding from the ACC.

But after failing a review hearing, a judge has now ordered him to be reinstated with back pay.

The day after the attack, the Northland man presented to Whangarei Hospital’s emergency department, but despite disrupted sleep and headaches, a CT scan showed no acute intracranial injury.

His GP submitted an ACC claim which was accepted and by June 10 another GP diagnosed him with concussion and deemed him totally unfit for work due to ongoing symptoms including headaches, fatigue, poor concentration and difficulty focusing.

On June 16, the man tried to return to work but was unsuccessful and reported feeling sick and tired, around this time ACC included concussion as one of the covered injuries in its claim.

Three days later, he told his GP that the nausea had subsided but the fatigue, headaches and sleep problems remained.

His GP cleared him to return to restricted work and by October 2022, he had steadied his working hours at 20 hours per week while receiving treatment for his concussion.

In November 2020, he was released from the concussion treatment center, but he continued to experience fatigue and doctors recommended that he participate in the ACC independent training program to help him recover.

He worked between 25 and 30 hours per week due to ongoing fatigue, balance problems, headaches and difficulty concentrating, and by 2022, despite medical evaluations indicating slight improvement, he was still struggling to maintain a 30-hour workweek.

Occupational and medical evaluations throughout the year gave mixed results on his independence, including one by occupational therapist Dr. David Rutenberg.

Dr. Rutenberg concluded that the man was appropriately supported, demonstrated the ability to work 30 hours per week, and identified nine work options that he considered medically sustainable at the time.

ACC determined that he had achieved Vocational Independence (VI) and terminated his eligibility for weekly compensation in November 2022.

Between January 2023 and February 2024, the man experienced severe health challenges and despite temporary restrictions on his work, he continued to suffer physical and mental health issues, including migraines, a back injury and difficulty concentrating.

Despite a doctor’s certification that he was unfit to work, ACC’s decision to terminate his weekly pay was upheld at a review on July 20, 2023, triggering an appeal filed in February 2024.

At the appeal hearing, ACC argued that Dr. Ruttenberg’s comprehensive report provided a solid basis for a determination of professional independence (VI).

However, a recent ruling by Justice Peter Spiller following an appeal hearing in the Wellington District Court emphasised that a determination of work capacity has serious implications, must be supported by strong evidence and the assessment must be realistic and take into account the wider context of an individual’s circumstances.

Judge Spiller reviewed the evidence and found the man had been struggling to make ends meet following the attack, with his working hours restricted to 30 hours a week or less for two and a half years before the company decided to cut his pay.

Further evidence submitted by various doctors and colleagues proved to the court that even after the ACC’s decision, his condition continued to affect his ability to work.

The court found that, considered on an overall and practical basis, ACC’s decision on the man’s independence of employment was not supported by the evidence.

The appeal was allowed, the review decision was quashed and ACC was ordered to reinstate its client’s entitlement to weekly compensation from the date of suspension.

ACC deputy chief executive of corporate and finance Stewart McRobie told NZME no decision had been made on the next steps in response to the court decision.

“ACC accepts the tribunal’s decision and will work to implement its ruling.”

McRobbie said ACC would also continue to support the man’s recovery.

This story originally appeared in New Zealand Herald.