Dale’s ACC success bittersweet

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JULIA WADE

After almost 12 months of struggle, a local family has been successful battling a government organisation for compensation and the correct health care. However, their story possibly has a bittersweet end.

Following a letter and phone call in early July advising both surgery and compensation had been approved, injured MDL Civil survey assistant Dale Austin successfully declared his fight with ACC was finally over.

Featured in the July 5 issue of the Mangawhai Focus, Dale’s story tells his plight of being accidently struck on the back by an eight-ton digger while working at the Mangawhai Central development site, leaving the father of three in constant pain. While trying to recover, the 38-year-old had to contend with ACC, who declined applications for both surgery in relation to the incident as well as weekly compensation, due to misdiagnosis, misleading medical information and confusion with previous back injuries.

The story struck a chord with a number of local readers and even reached people in the South Island who related similar struggles with the government organisation.

After engaging a lawyer and getting his case reviewed however, an ACC spokesperson stated that the initial decision to decline Dale’s case, has been reversed: ‘Dale’s surgeon presented evidence in June 2021 showing surgery to treat his lumbar adjacent segment disease was required because the injury was a consequence of his original treatment in 2014. The decision to decline was overturned and Mr Austin has received his cover and entitlements.’

The phone call from ACC to confirm his application had been accepted naturally brought huge relief to Dale and his family.

“Felt like a huge weight had been lifted off my shoulders,” he says. “However, after a recent visit to the surgeon, it isn’t good news. My surgery is postponed as they can’t operate on my left side… I need to go for another steroid injection in my right side to see if they can operate from there but if this comes back showing no improvement, then all they can do is ongoing physio and pain management for the rest of my life. Basically, I’m not going to be able to work again.”

When the Focus first contacted ACC before Dale’s review, a spokesperson stated: ‘Medical evidence from Dale’s treating specialists, including medical notes, MRI and an ultrasound scan all suggested his current pain was due to the progression of a pre-existing degeneration condition, and did not show evidence consistent with a new, or aggravated, injury. Of course, it is possible to have degeneration

(which we can’t cover) and a coverable injury around the same body site. However, ACC cannot cover underlying conditions, and so we had to decline to fund further entitlements.’

After the review, and on request from the Focus, ACC sent a statement saying: ‘We empathise with Mr Austin’s frustration over the length of the process, however, we now believe the right outcome was achieved. We acknowledge the ACC claims process can be complex. Decisions are made based on ACC’s legislative requirements and the medical evidence available.’

If a client feels their claim has been unfairly assessed, they have the right to an independent review of their cover and entitlements.

ACC says they are continuing to work with Dale on his recovery.

 

Dale Austin says after all the hassle, an operation may not even be possible.

PHOTO/FILE

“After a recent visit to the surgeon, it isn’t good news.”

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