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Carpal Tunnel Syndrome ACC refusing to cover

#1 User is offline   nigelmc 

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Posted 07 May 2014 - 08:41 PM

Hi, I got Carpal Tunnel as a result of my work. I was employed as a Freezing Works Laborer. When I first noticed it I was sent to the employers doctor who confirmed the condition and did say 'this is definitely caused by the work' that I was doing. ACC refused me cover due to gradual process. Surely ACC cant overrule a decision made by a medical professional. I have since had a specialist appointment (ACC Doctor) Dr Yanal (work for fit), he was hopeless basically telling me that it was not a work injury. Anyone know where I should go from here? Thanks,Attached File  Untitled.png (52.34K)
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#2 User is offline   Sparrow 

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Posted 07 May 2014 - 10:59 PM

hi does your GP say it is work related??

Is your employer in the Partnerships Programme and you are covered by AON???

Or was it ACC who denied you?

Carpal tunnel is an accepted gradual process injury and Is covered by ACC

but these are hard to prove sometimes.

Did the Company Doctor give you a report in writing at the time of injury?????

Can you go back to him and ask for his report copy he did at the time.- that would be the first step in my opinion

I would say you may have to take this to /review and will need a Specialists diagnosis to help your case.

Get GP to refer you to a Hand Specialist,

If you are in CHCH there is an excellent Hand surgeon there.

You may need an advocate to take it to Review.

good luck and hoe this helps!
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#3 User is offline   Sparrow 

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Posted 07 May 2014 - 11:05 PM

Hi I see this little piece you attached where the Doctor has said it is work injury.

How long ago was this?

Did this ACC toady Dr see this report??

Ask for a copy of his report and your file. Take it from there

did you record this toadie's examination and discussion????? or take a witness????

you are entitled to your copy file - you need to see why this was not accepted!
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#4 User is offline   Grant-Mac 

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Posted 08 May 2014 - 05:14 AM

View Postnigelmc, on 07 May 2014 - 08:41 PM, said:

Hi, I got Carpal Tunnel as a result of my work. I was employed as a Freezing Works Laborer. When I first noticed it I was sent to the employers doctor who confirmed the condition and did say 'this is definitely caused by the work' that I was doing. ACC refused me cover due to gradual process. Surely ACC cant overrule a decision made by a medical professional. I have since had a specialist appointment (ACC Doctor) Dr Yanal (work for fit), he was hopeless basically telling me that it was not a work injury. Anyone know where I should go from here? Thanks,Attachment Untitled.png


Couple of things:

1 Your employer's doctor is not diagnosing carpal tunnel. The clinical examination would never support that diagnosis.
2 ACC's doctor [will almost invariably] deny cover for all but the most egregious injuries. They can, and do, overrule all the time.
3 Demonstrating gradual process workplace injuries to the legislative requirement is difficult. You will need medical research to fulfil various provisions.
4 You will need advocacy assistance if you wish to appeal via Review. Generally this will cost money. There is a fair chance that you lose at Review.
5 Taking the case to court, can take a long time, 12mths+
6 Obtain a proper clinical examination and diagnosis. I had a patient [client] who had been diagnosed with carpal tunnel, turns out it was a cervical spine prolapse.

Grant

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#5 User is offline   sunny 

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Posted 08 May 2014 - 07:33 AM

View PostSparrow, on 07 May 2014 - 10:59 PM, said:

hi does your GP say it is work related??

Is your employer in the Partnerships Programme and you are covered by AON???

Or was it ACC who denied you?

Carpal tunnel is an accepted gradual process injury and Is covered by ACC

but these are hard to prove sometimes.

Did the Company Doctor give you a report in writing at the time of injury?????

Can you go back to him and ask for his report copy he did at the time.- that would be the first step in my opinion

I would say you may have to take this to /review and will need a Specialists diagnosis to help your case.

Get GP to refer you to a Hand Specialist,

If you are in CHCH there is an excellent Hand surgeon there.

You may need an advocate to take it to Review.

good luck and hoe this helps!


Just an add on to sparrows informative post,

You can also ask for your med file from your employer Under the Official Information Act.
Having been there done that, I had to do this with my employer, the company Dr will be working for the company, not you, and getting that report you may have to ask for it under the Official Information act. they then have to give it to you, an any other stuff they have, ask for the file not just the report, you will be quite surprised whats in it!
But you also need to see a hand specialist as Sparrow said, the company Dr is not a specialist! Ask your Gp for a referral, not the company Dr!
Good luck
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#6 User is offline   nigelmc 

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Posted 08 May 2014 - 08:57 AM

View PostSparrow, on 07 May 2014 - 11:05 PM, said:

Hi I see this little piece you attached where the Doctor has said it is work injury.

How long ago was this?

Did this ACC toady Dr see this report??

Ask for a copy of his report and your file. Take it from there

did you record this toadie's examination and discussion????? or take a witness????

you are entitled to your copy file - you need to see why this was not accepted!


Hi, 7 weeks ago the Doctor stated it was work related. About 5 weeks ago I got the letter from ACC telling me they wont cover. It just doesn't make sense. Thanks for your reply
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#7 User is offline   Brucey 

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Posted 08 May 2014 - 09:34 AM

View Postnigelmc, on 08 May 2014 - 08:57 AM, said:

Hi, 7 weeks ago the Doctor stated it was work related. About 5 weeks ago I got the letter from ACC telling me they wont cover. It just doesn't make sense. Thanks for your reply



It makes sense to us here on the forum my friend. This is how ACC roll, they deny the claim leaving you to take expensive and protracted legal action in order for you to get your rightful entitlement.

They are of course expecting you to just go away and get the treatment you need through the health system, a lot of people in your situation do this.

Welcome to our world.
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#8 User is offline   BLURB 

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Posted 08 May 2014 - 09:52 AM

View PostSparrow, on 07 May 2014 - 10:59 PM, said:

<snip>

Is your employer in the Partnerships Programme and you are covered by AON???

<snip>


AON are the biggest bullshit ACC exiting scam providers in NZ.

As Angryman has said, "welcome to our world" Nigel.
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#9 User is offline   GCSB 

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Posted 08 May 2014 - 10:08 AM

Carpel tunel has nto be coved by ACC for many many many years and its simple to prove people with certain physical criteria will develope the condition.

Try education yourselves before whining on and on about how this acc todie did this or that.

Secondly a Gp can not dignoise carpel tunel again educate your whinging little shallow lacking minds.

Nor can a ACC todie or non toadie.
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#10 User is offline   nigelmc 

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Posted 08 May 2014 - 11:31 AM

View PostBLURB, on 08 May 2014 - 09:52 AM, said:

AON are the biggest bullshit ACC exiting scam providers in NZ.

As Angryman has said, "welcome to our world" Nigel.


Yeah its not a nice world. I lost my job due to the injury, as soon as ACC refused to cover it let them off the hook and they didn't renew my contract (90 day trial)
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#11 User is offline   nigelmc 

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Posted 08 May 2014 - 11:32 AM

View PostGCSB, on 08 May 2014 - 10:08 AM, said:

Carpel tunel has nto be coved by ACC for many many many years and its simple to prove people with certain physical criteria will develope the condition.

Try education yourselves before whining on and on about how this acc todie did this or that.

Secondly a Gp can not dignoise carpel tunel again educate your whinging little shallow lacking minds.

Nor can a ACC todie or non toadie.



Educate myself? lol, you cant even spell LMAO
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#12 User is offline   sunny 

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Posted 08 May 2014 - 02:10 PM

View PostGCSB, on 08 May 2014 - 10:08 AM, said:

Carpel tunel has nto be coved by ACC for many many many years and its simple to prove people with certain physical criteria will develope the condition.

Try education yourselves before whining on and on about how this acc todie did this or that.

Secondly a Gp can not dignoise carpel tunel again educate your whinging little shallow lacking minds.

Nor can a ACC todie or non toadie.


Ah think you need to go re educate yourself.
I had carpel tunnel both hands not to long ago an was covered
a Gp can diagnose carpel tunnel, however he then refers you on for tests
tests prove conclusive, you are then referred onto specialist.
so now you go educate yourself on what is actually covered an what is not!
oh an do get a dictionary your spelling is appalling
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#13 User is offline   BLURB 

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Posted 09 May 2014 - 02:22 PM

Nigelmc, has your GP ever referred you for "nerve conduction studies"?
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#14 User is offline   MINI 

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Posted 09 May 2014 - 03:25 PM

View Postsunny, on 08 May 2014 - 07:33 AM, said:

Just an add on to sparrows informative post,

You can also ask for your med file from your employer Under the Official Information Act.
Having been there done that, I had to do this with my employer, the company Dr will be working for the company, not you, and getting that report you may have to ask for it under the Official Information act. they then have to give it to you, an any other stuff they have, ask for the file not just the report, you will be quite surprised whats in it!
But you also need to see a hand specialist as Sparrow said, the company Dr is not a specialist! Ask your Gp for a referral, not the company Dr!
Good luck


I think they will find it is under the Privacy act as it is their file. Although I usually say both Acts to make sure I get a look at everything.

I did not need to have my work file under any act as I have right to look at it any time I like, just not inconveniecing them, as there should be nothing on it I cannot see. It is my file. It should not need to be 'culled' so to speak.

Mine came all the way from Wellington to HB for me to sit in thier office here and tag everything I wanted a copy of. It was amasing how much stuff was on work file that was not on ACC file. Now when court case comes up, ACC pleads, didnt know.

Not my problem their system of accredited employers doesnt work.

Carpel tunnel is covered. Go to Whitcoulls and get the Accident Compensation Act 2001 and start reading in the ads of TV and taking notes and look particularly at what is not covered. It has a special section in there about that.

This is going to be a long row to hoe, but you need to get it right.

Oh by the by, just to be on the safe side, (cant be too careful), write to ACC applying for your 'cover' again, and this time put your last two years wage figures in it as well. I say this because if you need to stay off ACC because of no cover for a while and then you are finally accepted through the court system, you may be enitled to 'interest on your backdated weekly compensation' once you have cover, with the interest backdated to date you applied for cover in the first place.

Good Luck

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#15 User is offline   MINI 

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Posted 09 May 2014 - 03:39 PM

View Postnigelmc, on 08 May 2014 - 11:31 AM, said:

Yeah its not a nice world. I lost my job due to the injury, as soon as ACC refused to cover it let them off the hook and they didn't renew my contract (90 day trial)


Oh so you hadnt been there a year.............???

So you werent working for a year to get the figures of your wages.?

OK just throw us all the curb balls at once.

This could make a huge difference. You dont get carpel tunnel in three months. It takes years and years of the same movements like typing without breaks etc.

Even then I have been typing since I was fifteen and I am now over 60. I dont say I dont get sore, cause I have had operations, but I can still type because the computers make the job a lighter touch job.

But of course it is completely related to the amount and heaviness of the work you do. ie doing dishes is more pain for me than typing.

Before anyone starts screaming I should be working. Would be if I could but to slow for the professional world I used to be in, besides I was never a typist by trade.

Nigel, before you ever give up on anything though, look deeper into it. The reasons why they have said No etc.

Dont let anyone put you off until you have the answers. We dont know them all, we only know what to be careful of and the next steps forward.

We are always here to talk too. But take the weeds with the grass as this is part of the forum.

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