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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Court protection no 2
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Williams published

Accident Compensation Law

ISBN13: 9781927183304
Published: December 2012
Publisher: LexisNexis New Zealand
Country of Publication: New Zealand
Format: Paperback
Price: Price on Application

This text outlines the operation of the ACC regime, identifies the difficulties and issues which arise for people when requiring ACC assistance and advises on how to best address these difficulties.

Other Jurisdictions , New Zealand
Chapter One The origin of the Accident Compensation scheme and its historic development
This chapter discusses the situation which existed in New Zealand with regards to personal injury and the difficulties with this scheme. This will include discussion of the Woodhouse Report, the first Accident Compensation Scheme, and the structure and the purpose of the scheme.

Chapter Two ACC cover
This chapter will consider the parameters of ACC cover, what cover provides, and the issues arising out of cover.
Specific topics which will be considered are:
Aspects of mental injury included and excluded by the legislation
Exclusion on the basis of wilful injury
Why pain is not included as a personal injury and the problems that this gives rise to
The issues arising out of degeneration issues and the problems that arise in gaining cover when such issues are present
Cover for work related gradual process and the issues relating to cover in this section.
Issues arising out of Occupational Overuse Syndrome.

Chapter Three Medical Misadventure/Treatment Injury
This chapter will discuss how cover for this head of injury has changed significantly and the purpose of the changes.

Chapter Four Entitlements arising out of cover
1. Weekly compensation: The entitlement to weekly compensation will be considered noting especially the issues and difficulties which arise with regards to weekly compensation. Some attention will be given to some groups such as newly self-employed who have been legislatively disadvantaged with regards to weekly compensation.
2. Entitlements in relation to permanent disability: Permanent disability is assessed on a percent basis. Issues relating to assessment will be discussed in detail.
3. Treatment: This will include a discussion on issues arising when claimants are declined certain treatments on the basis of conflicting medical opinions. The discussion will consider the consequences of this for claimants.
4. Social Rehabilitation
5. Vocational Rehabilitation: The discussion will include the issues which can arise in providing and assessing appropriate work trials and whether they fairly determine whether or not a person is ready to return to full time employment.

Chapter Five Termination of ACC cover and entitlements.
This chapter will consider the process for determining when people have their ACC cover terminated and the issues and problems which arise when the procedure for termination has not been properly assessed.

Chapter Six The Appeal Process
This chapter sets out the appeal process as set out in the ACC legislation. It will consider in detail all stages of the appeal process and discuss important issues such as when one is able to appeal out of time.
Other options, such as complaints to the Ombudsman, will be discussed.

Chapter Seven Medical Opinion
Medical opinion is central to the ACC process. It is essential when determining cover, the appropriateness of certain medical treatment, and whether a person is to be terminated from the ACC cover. The essential elements of a medical report will be discussed together with the appropriate questions that need to be asked by lawyers/advocates when requesting a medical opinion.
Another issue which will be discussed is the appropriate way of arguing why one medical report should be favoured over another.

Chapter Eight Occupational Health and Safety
This chapter considers the Health and Safety in Employment Act1993 and the obligations that it imposes upon employers and employees and the penalties for not meeting statutory obligations. The chapter also considers how the health and safety legislation interacts with the ACC legislation.

Chapter Nine Social Security Entitlements
While this book is focused on ACC it is considered to be appropriate to write a chapter to write a chapter which sets out the basic social security entitlements and issues which can arise. One of the reasons for including such a chapter is that when advocating for a person in terms of being granted ACC cover a person will be dependent on Social Security.

Chapter Ten Conclusions
This chapters brings together the different issues relating to ACC and the problems which they create for different groups of people.
Suggestions will be offered as to how these can be addressed.