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Gymnasium Membership A question

#1 User is offline   ernie 

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Posted 04 December 2004 - 06:44 PM

Has anyone on the forum managed to get ACC to pay for a gym membership as part of their rehab. ACC are telling me they will not do this, even when it is recommended by the claimants GP and an occupational medicine specialist.

They say they will only pay for an activity programme that is supervised by a physio, which is not what the claimant I am working with requires. He has already been through this at ACCs expense, but cannot now afford the gym membership necessary to maintain the fitness the medical opinions say he needs to maintain his current level of employment.

If anyone has manged to get ACC to pay for a gym membership, please let me know the circumstances.
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#2 User is offline   doppelganger 

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Posted 04 December 2004 - 07:58 PM

havent heard of this but think that ACC are not giving him the medical treatment that is required by the Act. gym membership is to give the claimant accesss to the equipment that he needs which a physo does not have. would suggest that if ACC require it to be suppervised by physco then get a ACC accreadited physco to suppervise the gym also. Most Gyms have a physo in them so I check that out before going too far.

They have agreed to pay on certain condition then make the condition. after they meet there condition request reason why the extra cost Via minister office.
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#3 User is offline   MG 

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Posted 05 December 2004 - 05:20 PM

Schedule 1, clause (2)(1)(d) - treatment must be provided by treatment provider.
Section 6 - definitions - treatment includes physical rehabilitation. However treatment provider does not inlcude personal trainer unless regulations made under section 322. Don't have a copy of the current regs - so may be worth checking there.
If not currently included, why not lobby Ruth D to include personal trainers in treatment provider definition under the regs?
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#4 User is offline   doppelganger 

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Posted 05 December 2004 - 07:50 PM

322 Regulations relating to definitions

(1) The Governor-General may, on the recommendation of the Minister, by
Order in Council, make regulations---

(a) defining acute admission for the purposes of this Act:

(B) defining counsellor for the purposes of this Act:

© defining impairment for the purposes of this Act:

(d) prescribing a place of education for the purposes of this Act:

(e) adding an occupational group, or part of an occupational group, to
the definition of registered health professional in section 6(1),
and defining that group or part by reference to membership of or registration
with a particular body or in some other way:

(f) adding an occupational group, or part of an occupational group, to
the definition of treatment provider in section 6(1),
and defining that group or part by reference to membership of or registration
with a particular body or in some other way:

(g) specifying rarity levels for different kinds of treatment for the
purposes of section 34(4) (in which case the
relevant percentage level specified in the regulations applies
in place of that specified in section 34(3)).

(2) The Governor-General may, on the recommendation of the Minister and the
Minister of Health, by Order in Council, make regulations defining public
health acute services for the purposes of this Act.

(3) The Minister may not make any recommendation under subsection (1) or
subsection (2) without first consulting the persons or organisations the
Minister considers appropriate, having regard to the subject-matter of the
proposed regulations.
Compare: 1998 No 114 s 399

Cant see that this is of any help. still think that the best approach is to get a physico to go with you.
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#5 User is offline   watcha 

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Posted 05 December 2004 - 11:56 PM

Check out Mckay-Kroon v ACC, quality of life, slightly different circumstances but same principle. Probably have to go to review nevertheless.
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#6 User is offline   ernie 

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Posted 06 December 2004 - 06:57 AM

Review application already lodged. Already picked up on McKay-Kroon as relevant, although that was about supervised hydrotherapy and activity programme, whereas this claimant no longer needs supervision - just access to the pool and gym to do it.
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#7 User is offline   doppelganger 

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Posted 06 December 2004 - 12:04 PM

it seams to me that the gym and pool is supervised by the GP and Occupational Medical Specialist. they don't have be there to supervise it. if it goes to review a good example would be the claim manager is being supervised by his/her suppiourers even though they are not there.
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#8 User is offline   sp8smate 

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Posted 07 December 2004 - 01:18 PM

I was given a 6 month membership to a gym on the word of the Physio I was going to. In all it didn't do much good as I was following the instructions of the Physio and kept hurting myself with the exercises I was told. Even after I told ACC and the physio about it I was told to keep going and it will get better.

NO CHANCE. I stopped going after one really bad experience of falling over on the treadmill and injuring my back again. I told ACC about this aggrevation of injury and was told to wait for it " go to bed for a couple of days and relax" and here is me thinking we weren't supposed to do that. Oh well more B*S*. Have got used to being told one thing one day and something different another day.

Now I am sitting in front of my computer and getting bigger every day because I cant move around much any more.

At least the physio at the hospital is fixing the arms and shoulders after my last "incident" of falling over.
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#9 User is offline   greg 

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Posted 08 December 2004 - 06:31 AM

I have been attending the local gym for nearly 2 yr's and have made good
progress. It should be noted I pay the fee and control what I do.

Most of the instructors at gyms have no formal qualifications to start with
and follow a standard workout scheme. A couple of IP. also attend, but
are under an ACC approved instructor and are constantly pushed to and
some time well over their limit, causing falls and muscle damage.

Everywhere on the gym wall ACC posters claim "stop if pain occurs"
but that does not matter to those instructor.
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#10 User is offline   flowers 

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Posted 20 July 2005 - 09:03 PM

And how many claimants have been told by acc that the pain is in our heads and been sent to impossible rehab parasites solicited and paid for by ACC??????????????????????
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#11 User is offline   flowers 

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Posted 20 July 2005 - 09:07 PM

Quote

Now I am sitting in front of my computer and getting bigger every day because I cant move around much any more.

And ACC meanwhile denies help or sends us to have water up our nose instead of helping us get to a pool where we can get some excersise.

ACC are assassins
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#12 User is offline   Jaffrah 

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Posted 12 August 2011 - 08:44 PM

So, has any body here managed to gain gym membership from ACC?

If so how? If not why not?

Thanks.


View Posternie, on 04 December 2004 - 06:44 PM, said:

Has anyone on the forum managed to get ACC to pay for a gym membership as part of their rehab. ACC are telling me they will not do this, even when it is recommended by the claimants GP and an occupational medicine specialist.

They say they will only pay for an activity programme that is supervised by a physio, which is not what the claimant I am working with requires. He has already been through this at ACCs expense, but cannot now afford the gym membership necessary to maintain the fitness the medical opinions say he needs to maintain his current level of employment.

If anyone has manged to get ACC to pay for a gym membership, please let me know the circumstances.

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#13 User is offline   not their victim 

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Posted 13 August 2011 - 09:15 AM

I applied ages ago

refused

sent on work prep programme, where gym work was involved with acc contracted physio

and that was the start of my nightmare

it was the physio that pushed out all the discs in my neck, and im now living in hell fighting acc

be careful what you wish for....

i regained the use of my arm with self rehab....painting pot plant pots, holding the smaller things and learning to grip properly

and i motivate myself to walk, and try and keep some level of fitness going....
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#14 User is offline   not their victim 

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Posted 13 August 2011 - 09:22 AM

however, of this is something you really want to do

get it written ito your IRP, by your GP, with the type of exercises he thinks you are capable of doing, or from your specialist

the IRP is very important, it must have FACTS on it, it must have your CORRECT DIAGNOSIS ON IT, and if you can, a time frame, where you think you may be ready to return to 5, 10, 15 hours sedentary work.....

if it is not factually correct, you do not have to sign it, even when they threaten that you have to complete it and send it back within 5 days...this is utter /S. Never sign the IRP until you have consulted with the above, or even your lawyer/advocate.
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#15 User is offline   Moeroa 

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Posted 13 August 2011 - 11:40 AM

View Postnot their victim, on 13 August 2011 - 09:15 AM, said:

I applied ages ago

refused

sent on work prep programme, where gym work was involved with acc contracted physio

and that was the start of my nightmare

it was the physio that pushed out all the discs in my neck, and im now living in hell fighting acc

be careful what you wish for....

i regained the use of my arm with self rehab....painting pot plant pots, holding the smaller things and learning to grip properly

and i motivate myself to walk, and try and keep some level of fitness going....

You are fortunate to be able to do walking exercise - if not for your original injuries but the insult to injury you suffered at the hands of a so called 'therapist'. So I must agree about that physio damage, that is alarming.

I know a claimant who'd been put onto the Vocational Exit programme but in the meantime suffered other accidental injuries. The ACC exercise physio subsequently aggravated the new injury as the focus was on the Vocational Independence process for the pre-existing injuries. After weeks of exacerbating pains with increased disability, the claimant's GP despatched the claimant to his own physio (etc) for treatment of that new injury.

You really have to wonder when ACC's 'rehab' causes more injuries, as in yours and others cases. Its a pity the public remain largely unaware of such facts.

I hope your recovery continues to progress, despite the insult to injury.

Gym membership? Yeah. Right.



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#16 User is offline   Mark 

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Posted 13 August 2011 - 02:46 PM

View Postnot their victim, on 13 August 2011 - 09:22 AM, said:

however, of this is something you really want to do

get it written ito your IRP, by your GP, with the type of exercises he thinks you are capable of doing, or from your specialist

the IRP is very important, it must have FACTS on it, it must have your CORRECT DIAGNOSIS ON IT, and if you can, a time frame, where you think you may be ready to return to 5, 10, 15 hours sedentary work.....

if it is not factually correct, you do not have to sign it, even when they threaten that you have to complete it and send it back within 5 days...this is utter /S. Never sign the IRP until you have consulted with the above, or even your lawyer/advocate.

While ACC may not pay for Gym membership they have in the past paid for exercise equipment for claimants.

It's a matter of asking for the equipment. Being assessed as needing it and that it will be beneficial to you.

Equipment that some of the founding members of this forum have obtained.
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#17 User is offline   Moeroa 

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Posted 13 August 2011 - 06:46 PM

View PostMark, on 13 August 2011 - 02:46 PM, said:

While ACC may not pay for Gym membership they have in the past paid for exercise equipment for claimants.

It's a matter of asking for the equipment. Being assessed as needing it and that it will be beneficial to you.

Equipment that some of the founding members of this forum have obtained.


The guy who we hear got exercise equipment lives too far out to attend an actual gym. But still its interesting how an ACC rehab physio did not know a claimant could get the equipment after all - equipment the physio is recommending. How does a claimant apply for this? Does the physio have to recommend it or what?
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#18 User is offline   Mark 

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Posted 13 August 2011 - 08:03 PM

View PostMoeroa, on 13 August 2011 - 06:46 PM, said:

The guy who we hear got exercise equipment lives too far out to attend an actual gym. But still its interesting how an ACC rehab physio did not know a claimant could get the equipment after all - equipment the physio is recommending. How does a claimant apply for this? Does the physio have to recommend it or what?

A claimant would have to ask for this on their IRP.

I imagine that having the backing of their GP and or Specialist and a physio would be advantageous.

Perhaps the claimant would have to request a new social or vocational rehabilitation assessment to determine if they needed equipment to help them obtain independent living and or facilitate their rehabilitation.

I admit it would be a fight...

But ACC would have to issue a decision to say decline a social rehab assessment which would determine the claimants needs... After all it would be most unreasonable for ACC to decline a request for a piece of equipment to facilitate independent living with out assessing that need.

Negative decisions are reviewable.

At the end of the day would it not be cheaper for ACC to pay gym membership for a year... and assess the need annually?
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#19 User is offline   Rosey 

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Posted 14 August 2011 - 01:24 AM

Looks like sane advice.

View PostMark, on 13 August 2011 - 08:03 PM, said:

A claimant would have to ask for this on their IRP.

I imagine that having the backing of their GP and or Specialist and a physio would be advantageous.

Perhaps the claimant would have to request a new social or vocational rehabilitation assessment to determine if they needed equipment to help them obtain independent living and or facilitate their rehabilitation.

I admit it would be a fight...

But ACC would have to issue a decision to say decline a social rehab assessment which would determine the claimants needs... After all it would be most unreasonable for ACC to decline a request for a piece of equipment to facilitate independent living with out assessing that need.

Negative decisions are reviewable.

At the end of the day would it not be cheaper for ACC to pay gym membership for a year... and assess the need annually?

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#20 User is offline   jaffa 

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Posted 14 August 2011 - 04:29 AM

So is this social rehab? Or another?


[26] Section 79 of the 2001 Act states: "The purpose of social rehabilitation is to assist in restoring a claimant's independence to the maximum extent practicable".
[27] Section 81 establishes and identifies the liability of ACC to provide the key aspects of social rehabilitation. Once ACC is satisfied that the conditions outlined in s.81(4) have been met, it has a liability to provide key aspects of social rehabilitation. In other words, ACC has no discretion once the conditions have been met. However, the liability of ACC is then confined to "providing or contributing to" aspects of rehabilitation set out in cls.21 and 22 of the First Schedule of the Act (discussed below). There is no requirement to provide full indemnity.



View PostMark, on 13 August 2011 - 08:03 PM, said:

A claimant would have to ask for this on their IRP.

I imagine that having the backing of their GP and or Specialist and a physio would be advantageous.

Perhaps the claimant would have to request a new social or vocational rehabilitation assessment to determine if they needed equipment to help them obtain independent living and or facilitate their rehabilitation.

I admit it would be a fight...

But ACC would have to issue a decision to say decline a social rehab assessment which would determine the claimants needs... After all it would be most unreasonable for ACC to decline a request for a piece of equipment to facilitate independent living with out assessing that need.

Negative decisions are reviewable.

At the end of the day would it not be cheaper for ACC to pay gym membership for a year... and assess the need annually?

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