Earnings
related compensation for illness after contracting dengue fever in Fiji was
refused. Claims to be working in Fiji
evaporated after an ACC fraud investigation.
Douglas Weal was found to be on a four week honeymoon with his new
Russian-born companion, later claiming to have undertaken extensive if fruitless
enquries into training assistance for hotel and catering staff at Fiji hotels
and resorts.
Accident compensation coverage extends to
personal injury by accident arising overseas provided it is a work-related
injury. Malaria or dengue fever
contracted by mosquito bite qualifies as “personal injury”.
The High Court was told ACC initially accepted
an earnings related compensation claim from Mr Weal after he completed a
statutory declaration stating he contracted dengue fever during a 2003 business
trip to Fiji reviewing staff training in the hospitality industry. He said he was not on holiday. Subsequent ACC inquiries raised some red
flags. In 2003, the company Mr Weal
claimed to work for had been sold; he was no longer involved with the
company. Mr Weal then changed his
story. He was a self-employed contractor
when visiting Fiji, seeking business contacts and future work. Mr Weal provided a comprehensive list of
hotels and resorts attended, identifying by position but not name the personnel
he spoke with. Claims to be on a
business trip were undermined by evidence from his then companion Ms Surinova
that she and Mr Weal were together for most of the time in Fiji staying at
various resorts and enjoying a sailing trip.
She was not aware of any business meetings being held, but was told by
Mr Weal that phone calls made were work related. In discussions with a business associate prior
to his Fiji trip, Mr Weal disclosed he had found a way to get his new Russian
acquaintance residence in New Zealand by getting married overseas in Fiji.
In the High Court, Justice Davidson refused leave to appeal, ruling ACC was justified in subsequently refusing compensation. There was ample evidence that Mr Weal was not working at all whilst in Fiji.
In the High Court, Justice Davidson refused leave to appeal, ruling ACC was justified in subsequently refusing compensation. There was ample evidence that Mr Weal was not working at all whilst in Fiji.
Weal
v. Accident Compensation Corp. – High Court (1.11.16)
16.153