ACCforum: Need some help going to review please - ACCforum

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Need some help going to review please *posted in members/archived forum sorry mods

#41 User is offline   Alan Thomas 

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Posted 18 December 2017 - 04:16 PM

Greg & mini you are talking absolute balderdash. There are no postings made by myself on this thread where I argue my own case but rather we see a continued pattern of addressing Alex's issues.

I am one of the only ones that are replying to Alex. Please try to focus on Alex and his thread.
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#42 User is offline   tommy 

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Posted 18 December 2017 - 07:20 PM

posting 36 allan as in your reply to tommy , then suggests where are you now placed as in getting your entitlements restored , as in yuou mentioned the aboves , but the answer remains where are now at , with the corporation , ie acc nz
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#43 User is offline   tommy 

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Posted 18 December 2017 - 07:28 PM

can you elaborate as in an unknown location allan AS IN WHY IS THE CORPORATION DENYING YOU OF A HEARING , and you mentioned tactics , does tactics represent law , and have you evidence as in the wording of tactics , or is it a verb you have presented to the forum
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#44 User is offline   Alan Thomas 

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Posted 18 December 2017 - 09:25 PM

Tommy I have previously advised you that if you wish to discuss me please do so on the thread about me. This thread is for Alex and his needs so please respect Alex.. Thank you
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#45 User is offline   Grant-Mac 

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Posted 19 December 2017 - 06:27 PM

View PostAlexTheKid72, on 06 December 2017 - 10:58 AM, said:


Specialist stated this type of injury can take 12 - 24 months to heal, but that he felt I should be capable of returning to work, and physiotherapy would rectify my injury without surgery.

Public Health finally picked me up for physio this week, 1 year after the injury.

In the past year I have had patches of feeling almost pain-free and been available for light duties, mixed with bad patches where I have been fully unable to work.

It feels like a very constructive "NO" to me, and has left me with the frustration of probably being 100% months ago IF I could access physio, instead I have had a painful 12 months loading up on anti-inflammatories and painkillers.

Who can I talk to to help prepare for my review? I am in Hamilton.
I have requested all telephone conversations and my file from ACC.

Greatly appreciate any advice to help me prepare for this fight.


1. The first thing that you need to do is establish which section of the Act that ACC has declined your claim on.

2. The second thing is to clarify in your own mind the law that pertains to that declination, viz: what you need to prove.

3. You must then assess the evidence provided by the [your] specialist as opposed to the ACC specialist.

4. Your argument in law and fact, revolves around why your chap is correct and the ACC chap is wrong.

5. That in essence is your case.

The problem that you will likely encounter is that the 'Review' hearing can be [is likely to be] weighted against you. It can be difficult in marginal cases with a lay person presenting their case, to obtain judgment. Even with [professional] advocacy, often the result can be disappointing.

The correct strategy is however [while obviously trying to win] to prepare the ground for an appeal into the District Court.

You can always use the PM function to contact me if you have any specific questions.

Grant
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#46 User is offline   Grant-Mac 

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Posted 19 December 2017 - 06:43 PM

View PostAlexTheKid72, on 06 December 2017 - 10:58 AM, said:


Hi community. A brief history :

1. April 2016 injured shoulder using pickaxe to widen trench in tar sealed road.
ACC compensated, a couple weeks off work, then light duties, then full time again in May.

2. When ACC rang for the sign-off I made it clear I still felt pain but was capable of returning to full duties.

3. Back to DR August, still experiencing pain. Ultrasound. Cortisone recommended.

4. November 2016 injured same shoulder again using heavy pry-bar to break overpour to remove boxing from a freshly poured footpath and remove boxing. DR was English 2nd language and put "lifting boxes" on AC45. Every conversation with ACC I advised that was not the case and it was an impact injury.
DR agreed that this was an aggrivation of April injury and put November injury on same claim number

5. Case Manager denies compensation suspecting degeneration, reviewing after MRI and specialist report.
Suggested I go on unemployment until healed or report in.
In one conversation she suggested it is very difficult to tie November injury back to April claim, and suggested starting with "I can't tell you this but .... " I go back to DR and relog injury on a new AC45. The DR did this, but said could not backdate to november, so new claim number for November injury began January.

6. MRI and report happened. No bone spurs or degeneration. Indication of a fractured collar-bone which specialist thought may be osteolysis starting or fracture. I think I fractured my collar bone in April, hairline down the bone not across, undisplaced, missed by x-ray and ultrasound.

7. Case manager then declined compensation because "I just had a sprain from lifting boxes".
AC45 information finally changed, another review of decision.
Final decline states : medical information does not support my current incapacity being related to injury in April and November.

8. Case manager hung up on me when I was trying to get an explaination.
It appears she used her advice to me to change number as an out, after degeneration and injury type was clarified.
She said "november is too far after the April injury for compensation, and January is too far after the November injury. So she has that November 23rd I applied for compensation for injury in April. And January I applied for compensation from November 22nd injury.




1. Seems to be fairly straightforward at this point. You will need to be clear on exactly what this injury was. A clear medical diagnosis is the minimum required here.

2. This will be related to #1. Depending on the injury diagnosed, the healing time and propensity for further injury will be relevant to your legal submissions.

3. From the ultrasound, what was the diagnosis? Cortisone is an anti-inflammatory treatment. Was there a [medical] suggestion that the injury was a soft tissue injury?

4. Why did the GP agree that this was a re-injury? What were his reasons?

5. Did the case manager deny compensation on medical advice, or of her own volition?

7. This is potentially important in regard to your claim. More information as to how/why/on what authority your claim was declined.

8. The more evidence you have in your possession with regards to this point, the better. Again, on the facts, this could be quite important to your claim and Review.

With regard to the glenohumeral joint, your past medical history could be relevant to ACC's claim that there is pre-existing degeneration. You haven't stated your age, which will be relevant also. Obviously there are many potential factors involved and trying to canvas all of them on an online forum can be problematic.

Grant
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#47 User is online   MINI 

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Posted 20 December 2017 - 03:49 PM

Alex

Take Grants offer.

He has offered, grab it.

Good Luck

Mini
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