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Review hearing a Joke

#21 User is offline   Alan Thomas 

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Posted 11 March 2017 - 02:04 PM

View Postnot their victim, on 11 March 2017 - 11:04 AM, said:

If you follow the Alan Thomas method of communication with ACC then you are stuffed already...

This site was damaged a long time ago...by the very people who wanted it to work...

Either find what info you can...that hasnt already been destroyed by the forum admin, go to another acc claimant related site or get an advocate....


Kenneth Miller what of the site to be his personal weapon against the ACC.. He even used the site as a threat to ACC directly when attempting to get his own way.
The site simply a postal mechanism and nothing more
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#22 User is offline   Alan Thomas 

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Posted 11 March 2017 - 02:06 PM

View Postnot their victim, on 11 March 2017 - 11:11 AM, said:

Hahahaha....

Nope........

See the worm turns very quickly....!

Actually I won my case and now that acc have realised that mistaken identity was their issue not mine...

Acc are doing their job properly to the letter of the law....


Some people do not enjoy such a good experience and as such would not agree with you.
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#23 User is offline   not their victim 

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Posted 11 March 2017 - 02:17 PM

Well if its post mechanism re ken millar then its no use any longer...!

I wont allow YOU THOMAS...
to denigrate my journey...

HARD WORK, TRUTH AND APPLICATION OF LAW IS WHAT GAINS ENTITLEMENT
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#24 User is offline   Dastadly 

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Posted 11 March 2017 - 03:51 PM

But one go thing I have been get is the costs for time off work .My partner is my support person . She and I both had to drop a 8 hour shift for work .
With our work can not just take2 hours off work . Last 2 reviews hearing I had we got over $500 for lose of income ,The states this to ,but reviewer did not know of it or just not want to know??
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#25 User is offline   Dastadly 

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Posted 11 March 2017 - 04:17 PM

View PostAlan Thomas, on 11 March 2017 - 02:03 PM, said:

You have sort the wheat from the charf

I did put things up on Trademe message board one time .I get things said from one person .From what they said it clear were part of ACC etc and never brought or sold a thing on trademe and lived in Au . This site is get stuffed from people running others down etc .And getting a way from things about ACC etc
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#26 User is offline   not their victim 

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Posted 11 March 2017 - 04:33 PM

No its stuffed because thomas is a convicted person who is NOT to give wrong advice to claimants

He and his criminal associates like to denigrate the genuinely injured...and take over every thread.....
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#27 User is offline   Dastadly 

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Posted 11 March 2017 - 04:44 PM

View Postnot their victim, on 11 March 2017 - 04:33 PM, said:

No its stuffed because thomas is a convicted person who is NOT to give wrong advice to claimants

He and his criminal associates like to denigrate the genuinely injured...and take over every thread.....

Looks to me that you are taking over all threads with you run downs all the time .
I are ex gang person and criminal that why acc treats me the way they do.
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#28 User is offline   not their victim 

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Posted 11 March 2017 - 05:23 PM

You dont have to be gangsta to be treated like shit mate...

Happens to everyone...

Search your files...there will something in there thats wrong..

You have to find it...and shove it back at acc...
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#29 User is offline   not their victim 

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Posted 11 March 2017 - 05:24 PM

And...im protecting people from the white collar "crims" who lie in here...
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#30 User is offline   REX 

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Posted 11 March 2017 - 05:34 PM

View PostAlan Thomas, on 10 March 2017 - 01:30 AM, said:

A "total re start" is a fail to set a date within 3 months.
the ACC are required to set a review hearing date with in three months of your application. As they have only just set a review hearing date for four which is going to be a review hearing date only after that three month period the decision is automated in your favour.

What you need to do now is right to the ACC asking them to confirm that the review hearing decision is in your favour. Write down for them what that decision shall be!


S 146
Deemed review decisions
(1)The reviewer is deemed to have made a decision on the review in favour of the applicant if—


(a) the date for the hearing has not been set within 3 months after the review application is received by the Corporation; and

( b the applicant did not cause, or contribute to, the delay.
(2) The date of the deemed decision is 3 months after the review application is received.





I totally agree with you Alan. A '''re start''' is breaching law

This case has automatically been deemed in favour of the applicant according to s146

There sounds to be an unfair delay which is not caused by the claimant.

For the lawyer to be involved then this case also breaches the '''letter of Law'''

that reviews are to be held in an ''informal manner'', so for the acc to be represented by a legal firm it is surely a formal hearing.



http://www.legislati.../DLM101831.html

s140 (e)

140 Conduct of review: general principles



The reviewer may conduct the review in any manner he or she thinks fit, but he or she must—


(a) comply with section 138; and

(b comply with any other relevant provision of this Act and any regulations made under this Act; and

© comply with the principles of natural justice; and

(d) exercise due diligence in decision-making; and

(e) adopt an investigative approach with a view to conducting the review in an informal, timely, and practical manner.
Compare: 1998 No 114 s 143




If I was 'dastadly' I would make an information request to fairway for any and all information held with relevance to their name, This discovery should include email communication about the review between acc and fairway.

There's reason why the reviewer has pulled the plug and another to do a 'restart'...
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#31 User is offline   Dastadly 

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Posted 11 March 2017 - 05:43 PM

Well last review hearing I had went my way and I won .ACC had to do things ,5 months later still not done .email them ever week and not thing back . I get cost $500 .but they did not pay it for 2 months [ act say 28 days]
I get cover for the cancer I get ,after bull after bull then to high court. But it going to take life from me soon .
Some bull I get from ACC false names used and then up to 5 people using the same name .Not till get full copy of file ,it shown it all and the true numes
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#32 User is offline   Dastadly 

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Posted 11 March 2017 - 06:05 PM

I have make complaints to Fairways all things .but all to date is it takes 15 working days .
That be 4 days after the new hearing starts . And New reviewer will have all old ACC submissions and the directions that old reviewer gave all with ACC submission to that .
So to be true not really a new start after all .
other thing in the passed they only set one hour for hearing . but this time they have set two hours
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#33 User is offline   Alan Thomas 

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Posted 11 March 2017 - 06:12 PM

Dastardly The ACC is not permitted, as per the legislation, to communicate with the reviewer. As Fairway is the ACC agent it follows that the agent is not permitted to communicate with the reviewer either.The reviewer must remain completely independent. In the event that the reviewer withdraws from the case the original dates set for the hearing is set aside as never existing. If three months have already gone by it is too late for a new review hearing date to be set rendering the decision automatically in your favour. This law was brought into effect because the ACC was routinely creating problems like you are experiencing. The law was brought in to impose upon the ACC a punishment or failing to make the necessary arrangements in order for you to have access to a judicial procedure in a timely fashion.


Forget about all the nonsense regarding all the little loose ends for compromises that they are trying to make with you. Simply write to the ACC asking for confirmation that as they have failed to set a review hearing date before the expiry of three months that they now have no opportunity to set a review hearing date rendering the decision in your favour. Don't forget to tell them what that decision in your favour actually is . When you made your review hearing application you will note that on the last portion describing your desired outcome to the hearing. You need to enhance that outcome as if the reviewer was writing the outcome.

This is not an optional issue for the ACC and if the ACC Attempts to challenge the beam decision or attempts to have some other hearing to determine whether or not you had an entitlement to have a hearing in the first instance then you need to immediately go to the district Court. This is no longer a review hearing matter is the opportunity for a review hearing has been permanently lost..
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#34 User is offline   Dastadly 

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Posted 11 March 2017 - 06:48 PM

The new hearing is set for this Monday being 13th March . I have email ACC 2 weeks ago and they have not come back to me at all . Email complaint to Fairways ,they say complaits take 15 working days ,17th March 4 days after hearing date .I hit reviewer up for adjurnment
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#35 User is offline   Alan Thomas 

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Posted 11 March 2017 - 07:04 PM

View PostDastadly, on 11 March 2017 - 06:48 PM, said:

The new hearing is set for this Monday being 13th March . I have email ACC 2 weeks ago and they have not come back to me at all . Email complaint to Fairways ,they say complaits take 15 working days ,17th March 4 days after hearing date .I hit reviewer up for adjurnment


Write to the reviewer and ask the reviewer To issue a prehearing decision as to whether or not they have jurisdiction to hear a review hearing circles dance with the hearing that they are presiding over had not been issued a hearing date shall only after three months had expired. You may be pleasantly surprised that the reviewer issues a decision that as three months has gone by without a hearing date for an actual review hearing that the decision has already been made in your favour as if a reviewer had made the decision.
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#36 User is offline   Dastadly 

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Posted 11 March 2017 - 07:43 PM

View PostAlan Thomas, on 11 March 2017 - 07:04 PM, said:

Write to the reviewer and ask the reviewer To issue a prehearing decision as to whether or not they have jurisdiction to hear a review hearing circles dance with the hearing that they are presiding over had not been issued a hearing date shall only after three months had expired. You may be pleasantly surprised that the reviewer issues a decision that as three months has gone by without a hearing date for an actual review hearing that the decision has already been made in your favour as if a reviewer had made the decision.

But I can not write to the reviewer as hearing is in two days time and by phone .Reviewer will not get it to him I did write or email.
And 13th March is a Holiday in Taranaki and where I live . so should it be on public holiday??
So I have not yet had it in writing that the old reviewer has withdrawn
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#37 User is offline   Alan Thomas 

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Posted 11 March 2017 - 08:43 PM

View PostDastadly, on 11 March 2017 - 07:43 PM, said:

But I can not write to the reviewer as hearing is in two days time and by phone .Reviewer will not get it to him I did write or email.
And 13th March is a Holiday in Taranaki and where I live . so should it be on public holiday??
So I have not yet had it in writing that the old reviewer has withdrawn


Take control of your own Review Hearing and Email ACC ASAP (today)
You don't have a relationship with Fairway or the Reviewer.
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#38 User is offline   Dastadly 

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Posted 12 March 2017 - 10:57 AM

I have done email to ACC. I have not even had a notice to state that reviewer has pulled out .All had phone call saying she could not finish it .Then I get notice of hearing date ,not even state reviewer name ,or it a re start . I could take it at old reviewer is still doing it . The Act states ACC a points the reviewer but it Fairways do it and put in a new one. Tomorrow 9 am I just lay it out . The new reviewer I had before and know his job and that not just as I won the review with him. He let you talk and takes things in and get clear under standing as it should be.
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#39 User is offline   Alan Thomas 

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Posted 12 March 2017 - 03:26 PM

As you do not know whether the same reviewer is involved it will be necessary to attend the review hearing date on the assumption that there is merely been an adjournment.

If you arrive at the review hearing and find that it is a different reviewer do not proceed with the review hearing but rather ask the reviewer on what basis they have jurisdiction given that the date of the review hearing given for this brand-new review hearing has only just been set with this new hearing being set after three months..
If they say that ACC has already satisfied the legislation by setting a review hearing date and then cancelling it simply tell the reviewer that the first review hearing date has no standing in law as it has ceased to have any kind of "legal standing".
Ask the reviewer to confirm that they have no legal standing as the review hearing application has now converted into a deemed decision in your favour as if the reviewer has already made the decision. Quote the legislation section 146 As quoted above. If they disagree with you ask for a description//interpretation of the legislation from the reviewer and asked that the reviewer put that in writing in the form of a legally binding decision upon all parties as his decision is going to be appealed to the district Court.
Clearly the reviewer will not be happy because unless a review hearing actually takes place they will not get paid and they will be fighting for their money.
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#40 User is offline   Dastadly 

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Posted 12 March 2017 - 04:58 PM

It is all by phone hearing bull shit .half time is can not hear what the others are saying or the phone link drops out ,last time it was the reviewer 3 times .
In that I really feel it is just phone chat . or the reviewer is talking at same time as me .

With the old reviewer they set hearing for one hour only but now they set it for 2 hours why?? but then again the old reviewer had all ready sent 3 and hours with the 3 part hearings
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