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Types of evidence to secure a claim. Inferential evidence

#1 User is offline   Alan Thomas 

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Posted 08 February 2018 - 12:19 PM

Legislation has criteria within it which limits the type of evidence permissible for the purposes of accepting a claim for the purposes of determining entitlements and from the various entitlements themselves.

Essentially the evidence required must be produced by a medical professional that is both qualified and experienced to provide such information.

There are other types of information that are not medical such as occupational assessments.

An occupational assessment must be carried out by a person who is relevantly qualified and experienced with the particular type of occupation they are commenting on. This is made clear by the way of the Australia New Zealand occupational classification criteria which the assessor must rely upon. In order to rely upon such information one only needs to look at the opening chapters of the source of the information. It is noteworthy to make the observation that very seldom if ever do ACC have a single occupational assess with any work experience of any note. As such the occupational assessors reports would be irrelevant and not fit for purpose. What we also must be mindful of is that this classification has nothing whatsoever to do with the work tasks relevant to the original occupation or being injured but only has relevance to bringing a claimant up to the level of standard for purposes of vocational rehabilitation. As such job title or name has no meaning whatsoever for purposes of an ACC claim but rather only the individual work task activities. Very few of the any jobs in New Zealand are direct and total match to the occupations described in the Australian New Zealand occupational classifications document.

It would be advisable that the claimant's employer make an actual list of the various work task activities with a description of the workload within each of those task activities first for the treatment providers consideration and then of course to go on the ACC files which will in turn compel ACC to provide such information to an occupational assess and ethical assessor or any other medical assessment the ACC deem fit when the time comes. Should the ACC neglect to provide the relevant assessor this list at the appropriate time then we would have a clearer indication of criminal fraud being perpetrated by the individual ACC employee.

It is important that the occupational assess provide the medical assessor with the relevant information which is of course a list of the individual tasks with adequate description of each of these tasks of which the claimant would be expected to do before the medical assessor could begin the medical assessment. Obviously the medical assessor has no qualifications whatsoever with regards to watch each work task activity within the context of each and every occupation. I note that the ACC appear to be relying upon the medical assessors general knowledge of various occupations as no such information is ever provided by the occupational assess. This makes all medical assessments up until the present, that have not been based on individual tasks expected with than the occupation being assessed, incorrectly produced.

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