ACCforum: treatment injury - ACCforum

Jump to content

  • 2 Pages +
  • 1
  • 2
  • You cannot start a new topic
  • You cannot reply to this topic

treatment injury sensetive claims

#1 User is offline   char111 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 5
  • Joined: 28-August 15

Posted 02 April 2018 - 12:12 PM

I had two treatment injuries in 2012 and have been fighting acc ever since.
The latest thing is that i went to there psychiatrist for a mental health assessment in which she stated that there has been a mental injury.They are now going to open my sensetive claim file so they can say that any mental health issues were there prior
I am living a nightmare with these people and have had to hand everything over to friends for help.
Can anyone give any ideas on how to handle mental injury claim
Thanks
Charlotte
0

#2 User is offline   Brucey 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 8122
  • Joined: 26-January 07
  • LocationEarth

Posted 02 April 2018 - 12:41 PM

 char111, on 02 April 2018 - 12:12 PM, said:

I had two treatment injuries in 2012 and have been fighting acc ever since.
The latest thing is that i went to there psychiatrist for a mental health assessment in which she stated that there has been a mental injury.They are now going to open my sensetive claim file so they can say that any mental health issues were there prior
I am living a nightmare with these people and have had to hand everything over to friends for help.
Can anyone give any ideas on how to handle mental injury claim
Thanks
Charlotte


Get yourself a good ACC advocate.
0

#3 User is offline   Grant-Mac 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 758
  • Joined: 14-November 12
  • LocationAuckland

Posted 03 April 2018 - 08:08 AM

 char111, on 02 April 2018 - 12:12 PM, said:

I had two treatment injuries in 2012 and have been fighting acc ever since.
The latest thing is that i went to there psychiatrist for a mental health assessment in which she stated that there has been a mental injury.They are now going to open my sensetive claim file so they can say that any mental health issues were there prior
I am living a nightmare with these people and have had to hand everything over to friends for help.
Can anyone give any ideas on how to handle mental injury claim
Thanks
Charlotte


Whoever handles your claim, the starting point is s27 of the legislation. After considering s27, you move to s26(1)(c] - (da).

If you move into s26, you will [again] need to consider the test 'wholly or substantially', which has been discussed in this forum extensively. For this area [mental injury] the leading case is Woodd v ACC DC Wellington 54/2003.

Grant

Attached File(s)


0

#4 User is offline   MINI 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 7340
  • Joined: 09-October 07

Posted 03 April 2018 - 01:51 PM

 Grant-Mac, on 03 April 2018 - 08:08 AM, said:

Whoever handles your claim, the starting point is s27 of the legislation. After considering s27, you move to s26(1)(c] - (da).

If you move into s26, you will [again] need to consider the test 'wholly or substantially', which has been discussed in this forum extensively. For this area [mental injury] the leading case is Woodd v ACC DC Wellington 54/2003.

Grant


This used to be known as Mental caused by Physical. I have mine under that. Then, at calculation time indeed the figures were sliced to take 'wholly or substantially' into consideration concerning my so called MS. As there is no such thing wrong with me as MS for 22 years, they were way out of line to take any points off me for any such thing. I will ask for it to be put back up to the GP orginal 12% she gave of my WPI.

It is worth having and going thru the ACC weird and wonderful ways of doing things:

Fist a letter from GP which they should need in this ladies case as she as already been accessed. Maybe if that was a psychiatrist. She no need to have another.

Would be dependent on what the assessment was for?? Lump sum maybe. Section 21 Cover for mental injury caused by certain criminal acts..................Should she not come under that if there is anything criminal about her physical injury.

As with the lady in the chemist shop, hers was a criminal injury as well.

Sec21(2)©.

Mini
0

#5 User is offline   Grant-Mac 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 758
  • Joined: 14-November 12
  • LocationAuckland

Posted 03 April 2018 - 03:24 PM

View PostMINI, on 03 April 2018 - 01:51 PM, said:

This used to be known as Mental caused by Physical. I have mine under that. Then, at calculation time indeed the figures were sliced to take 'wholly or substantially' into consideration concerning my so called MS. As there is no such thing wrong with me as MS for 22 years, they were way out of line to take any points off me for any such thing. I will ask for it to be put back up to the GP orginal 12% she gave of my WPI.

It is worth having and going thru the ACC weird and wonderful ways of doing things:

Fist a letter from GP which they should need in this ladies case as she as already been accessed. Maybe if that was a psychiatrist. She no need to have another.

Would be dependent on what the assessment was for?? Lump sum maybe. Section 21 Cover for mental injury caused by certain criminal acts..................Should she not come under that if there is anything criminal about her physical injury.

As with the lady in the chemist shop, hers was a criminal injury as well.

Sec21(2)©.

Mini


It would seem from the minimal information provided that the 'mental injury' is claimed to be caused by one or both of the treatment injuries.

Grant
0

#6 User is offline   char111 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 5
  • Joined: 28-August 15

Posted 03 April 2018 - 05:51 PM

View PostGrant-Mac, on 03 April 2018 - 03:24 PM, said:

It would seem from the minimal information provided that the 'mental injury' is claimed to be caused by one or both of the treatment injuries.

Grant

0

#7 User is offline   char111 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 5
  • Joined: 28-August 15

Posted 03 April 2018 - 06:14 PM

I had a routine surgery in 2012 in were they damaged my bowel(first injury) After repairing a tear i had multiple infections and and small clean outs of wound.
I then developed a hernia and in response they put mesh in which also became infected(2nd injury)
I have 109 discharge summaries and am now looking at mt 10th surgery were they will clean out wound and place a vac machine(the 5th time on vac)
I was not working before the 1st injury but went back to work,part time,before i had the second.
I did get small amounts 2013 and 2015 and they will not compensate anything else,nowhere near the $45'000 i lost while working part time.
I have had over 15 case managers who just keep fobbing my file off to on manager to another. I have been told i can only claim once a year once every two years,after every surgery or not at all.Kanji was the doctor who gave me 0% with a hole in my abdomen and surgery pending
This is a long story and now they are messing with mental health.I don't understand how they keep getting away with so much and are never questioned about what they do and changes be put in place.I know that the CMDHB have received over $250'000 for my care and all there staff,doctors,lawyers and all the rest get paid while i sit here fighting to the point of total burnt out
Thanks
Charlotte
0

#8 User is offline   Grant-Mac 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 758
  • Joined: 14-November 12
  • LocationAuckland

Posted 04 April 2018 - 07:31 AM

View Postchar111, on 03 April 2018 - 06:14 PM, said:

I had a routine surgery in 2012 in were they damaged my bowel(first injury) After repairing a tear i had multiple infections and and small clean outs of wound.
I then developed a hernia and in response they put mesh in which also became infected(2nd injury)
I have 109 discharge summaries and am now looking at mt 10th surgery were they will clean out wound and place a vac machine(the 5th time on vac)
I was not working before the 1st injury but went back to work,part time,before i had the second.
I did get small amounts 2013 and 2015 and they will not compensate anything else,nowhere near the $45'000 i lost while working part time.
I have had over 15 case managers who just keep fobbing my file off to on manager to another. I have been told i can only claim once a year once every two years,after every surgery or not at all.Kanji was the doctor who gave me 0% with a hole in my abdomen and surgery pending
This is a long story and now they are messing with mental health.I don't understand how they keep getting away with so much and are never questioned about what they do and changes be put in place.I know that the CMDHB have received over $250'000 for my care and all there staff,doctors,lawyers and all the rest get paid while i sit here fighting to the point of total burnt out
Thanks
Charlotte



So as it currently stands:

1. You will have a claim for treatment injury/injuries
2. If treatment injury is proven; then
3. You will have a claim for mental injury pursuant to s26(c] if pursuant to s27, you are held to have suffered a mental injury.


The immediate problem will be gathering the medical evidence that the surgeon caused a treatment injury. Here are 3 cases on point. See next post. *Files [cases] are too large to upload.

So:

http://www.nzlii.org...C/2010/181.html and
http://www.nzlii.org.../2015/2489.html

Grant

Attached File(s)


0

#9 User is offline   INTER 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 234
  • Joined: 19-August 14

Posted 04 April 2018 - 07:39 AM

View Postchar111, on 03 April 2018 - 06:14 PM, said:

I had a routine surgery in 2012 in were they damaged my bowel(first injury) After repairing a tear i had multiple infections and and small clean outs of wound.
I then developed a hernia and in response they put mesh in which also became infected(2nd injury)
I have 109 discharge summaries and am now looking at mt 10th surgery were they will clean out wound and place a vac machine(the 5th time on vac)
I was not working before the 1st injury but went back to work,part time,before i had the second.
I did get small amounts 2013 and 2015 and they will not compensate anything else,nowhere near the $45'000 i lost while working part time.
I have had over 15 case managers who just keep fobbing my file off to on manager to another. I have been told i can only claim once a year once every two years,after every surgery or not at all.Kanji was the doctor who gave me 0% with a hole in my abdomen and surgery pending
This is a long story and now they are messing with mental health.I don't understand how they keep getting away with so much and are never questioned about what they do and changes be put in place.I know that the CMDHB have received over $250'000 for my care and all there staff,doctors,lawyers and all the rest get paid while i sit here fighting to the point of total burnt out
Thanks
Charlotte


I was not working before the 1st injury but went back to work,part time,before i had the second.

That is what Acc LUV as they will say , Not entitled to any ERC as you did not lose any Earnings due to injury therefore you are not entitled to weekly compensation.
and will keep flogging you off on the basic's it was not a Work related Injury, there fore your entitlements are just about Zero : as been happening by sounds of it.

YOU NEED A Dam Good Lawyer Such AS JOHN MILLER ETC .
0

#10 User is offline   MINI 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 7340
  • Joined: 09-October 07

Posted 04 April 2018 - 02:36 PM

View PostGrant-Mac, on 03 April 2018 - 03:24 PM, said:

It would seem from the minimal information provided that the 'mental injury' is claimed to be caused by one or both of the treatment injuries.

Grant

I agree Grant but it does say if the two treatment injuries were 'treatment as in looking after the injuries caused by the attack OR Treatment injuries as in receiving the injury at the time of getting treatment.

There is a difference and it is very sutble, but very important. We are only summerising we are interpreting correctly.


Hope you are doing well in your business.

Mini
0

#11 User is offline   MINI 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 7340
  • Joined: 09-October 07

Posted 04 April 2018 - 02:44 PM

View Postchar111, on 03 April 2018 - 06:14 PM, said:

I had a routine surgery in 2012 in were they damaged my bowel(first injury) After repairing a tear i had multiple infections and and small clean outs of wound.
I then developed a hernia and in response they put mesh in which also became infected(2nd injury)
I have 109 discharge summaries and am now looking at mt 10th surgery were they will clean out wound and place a vac machine(the 5th time on vac)
I was not working before the 1st injury but went back to work,part time,before i had the second.
I did get small amounts 2013 and 2015 and they will not compensate anything else,nowhere near the $45'000 i lost while working part time.
I have had over 15 case managers who just keep fobbing my file off to on manager to another. I have been told i can only claim once a year once every two years,after every surgery or not at all.Kanji was the doctor who gave me 0% with a hole in my abdomen and surgery pending
This is a long story and now they are messing with mental health.I don't understand how they keep getting away with so much and are never questioned about what they do and changes be put in place.I know that the CMDHB have received over $250'000 for my care and all there staff,doctors,lawyers and all the rest get paid while i sit here fighting to the point of total burnt out
Thanks
Charlotte


Charlotte

So you have the real 'Treatment injury' in that the medical people haven't done there job right. You poor lady. What a nightmare. I am so sorry for you. These things shouldn't happen.

Mini
0

#12 User is offline   MINI 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 7340
  • Joined: 09-October 07

Posted 04 April 2018 - 05:41 PM

View PostGrant-Mac, on 04 April 2018 - 07:31 AM, said:

So as it currently stands:

1. You will have a claim for treatment injury/injuries
2. If treatment injury is proven; then
3. You will have a claim for mental injury pursuant to s26(c] if pursuant to s27, you are held to have suffered a mental injury.


The immediate problem will be gathering the medical evidence that the surgeon caused a treatment injury. Here are 3 cases on point. See next post. *Files [cases] are too large to upload.

So:

http://www.nzlii.org...C/2010/181.html and
http://www.nzlii.org.../2015/2489.html

Grant


hi Grant

What a case that SS one is. First time a Judge has ever used Section 33 in one of the cases. And it is allowed as well. I printed it off even though it was 23 pages long. It is a must have even to show my Doctor how the mood is swinging in our direction. It was wrong of ACC not to cover all the relevant points with defending material. If they had it would have been a shorter version of success, so I suppose they had their reasoning but justice Heath was not impressed.

All thanks to Justice Heath and you placing the copy up here Grant.
0

#13 User is offline   Grant-Mac 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 758
  • Joined: 14-November 12
  • LocationAuckland

Posted 05 April 2018 - 07:52 AM

View PostMINI, on 04 April 2018 - 05:41 PM, said:

hi Grant

What a case that SS one is. First time a Judge has ever used Section 33 in one of the cases. And it is allowed as well. I printed it off even though it was 23 pages long. It is a must have even to show my Doctor how the mood is swinging in our direction. It was wrong of ACC not to cover all the relevant points with defending material. If they had it would have been a shorter version of success, so I suppose they had their reasoning but justice Heath was not impressed.

All thanks to Justice Heath and you placing the copy up here Grant.


Hi Mini,

Although it is a slow business, I think the courts are coming around to being more understanding of claimants' plight when dealing with ACC. I'm currently waiting on three review hearing decisions. Once they are in, I'll have a better idea of how the land lies in Review.

Grant
0

#14 User is offline   MINI 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 7340
  • Joined: 09-October 07

Posted 05 April 2018 - 09:04 AM

View PostGrant-Mac, on 05 April 2018 - 07:52 AM, said:

Hi Mini,

Although it is a slow business, I think the courts are coming around to being more understanding of claimants' plight when dealing with ACC. I'm currently waiting on three review hearing decisions. Once they are in, I'll have a better idea of how the land lies in Review.

Grant


Can you give us an idea as to what subject they will cover?? ie transport, Treatment injury or whatever. That would not be breaking any rights of the claimants as they are only systistics.

Everything has gone on hold with my treatment, as the reasoning for my walking problem and no MS has really put lot of specialists in my life. Spend most of my time keeping track of medical appointments and being there on time.

Cheers

Mini
0

#15 User is offline   MINI 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 7340
  • Joined: 09-October 07

Posted 05 April 2018 - 09:36 AM

Grant

Broken right hand and left broken humerous residue to be assessed on 19th April 2018.

So all go at my house. Hope I don't have to go to Review with it.

Do you know if the I/A from the shoulder injuries and the Lump sum from the above WPI are added together to get the full Whole Person Impairment?

Your assistance would be appreaciated. Full rates is OK. Just let me know. Everything with me is rather tricky, so two heads are better than one. I don't mind everyone learning about it on here, because there would many persons in this same predicament.

Cheers Mini
0

#16 User is offline   INTER 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 234
  • Joined: 19-August 14

Posted 05 April 2018 - 09:48 AM

Do you know if the I/A from the shoulder injuries and the Lump sum from the above WPI are added together to get the full Whole Person Impairment?

NO going by my experience of the acc merry go round. I/A is under old acc act lump sum is under is under 2001 act.

BUT If had the Lump sum pay out under the old acc act in you I /A period, U Have to get above the old payout figue before u even get a foot in the door.

my case old lump sums were 20% I/A Period

25% 2001 act period And they are not added together :

And nearly 2 yrs since ive been on the acc round about, and still waiting on cover decisions to be made.
0

#17 User is offline   MINI 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 7340
  • Joined: 09-October 07

Posted 05 April 2018 - 10:46 AM

View PostINTER, on 05 April 2018 - 09:48 AM, said:

Do you know if the I/A from the shoulder injuries and the Lump sum from the above WPI are added together to get the full Whole Person Impairment?

NO going by my experience of the acc merry go round. I/A is under old acc act lump sum is under is under 2001 act.

BUT If had the Lump sum pay out under the old acc act in you I /A period, U Have to get above the old payout figue before u even get a foot in the door.

my case old lump sums were 20% I/A Period

25% 2001 act period And they are not added together :

And nearly 2 yrs since ive been on the acc round about, and still waiting on cover decisions to be made.


Sorry to hear about your waiting for cover. My understanding is that they only have 21 days to find for cover one way or the other. Don't forget you can take Review if they have not been reasonable in making a decision. Section 134 (1)(B) to hurry them up. However, I believe as in the Lady in here: Treatment Injury, it can take to 9 months to investigate for cover. I can understand that as we are actually calling doctors mistakes into the limelight. Not a good look for them, but I don't think ACC would like it at appeal as it can be seen by the world.

Mini
0

#18 User is offline   Alan Thomas 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 8482
  • Joined: 10-June 06

Posted 05 April 2018 - 10:49 AM

View PostGrant-Mac, on 05 April 2018 - 07:52 AM, said:

Hi Mini,

Although it is a slow business, I think the courts are coming around to being more understanding of claimants' plight when dealing with ACC. I'm currently waiting on three review hearing decisions. Once they are in, I'll have a better idea of how the land lies in Review.

Grant


The contractual documentation indicates that reviewers will find in the ACC's favour 70% of the time so I guess you should have a reasonable expectation of winning one of those cases.
-2

#19 User is offline   INTER 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 234
  • Joined: 19-August 14

Posted 05 April 2018 - 11:23 AM

View PostMINI, on 05 April 2018 - 10:46 AM, said:

Sorry to hear about your waiting for cover. My understanding is that they only have 21 days to find for cover one way or the other. Don't forget you can take Review if they have not been reasonable in making a decision. Section 134 (1)(Posted Image to hurry them up. However, I believe as in the Lady in here: Treatment Injury, it can take to 9 months to investigate for cover. I can understand that as we are actually calling doctors mistakes into the limelight. Not a good look for them, but I don't think ACC would like it at appeal as it can be seen by the world.

Mini


21 days is correct, if they haven't processed it before then, they will issue Deemed Cover that then give's them up to 9 mths to sort it out :

BUt then add there we require assessments reports etc. time drags on until a decision is made 21 days - 9 mths turns into piece of stringgggggggggg

before excuses and bull shit run out and cover is either Granted or denied } then off to reviews etc a year or 3 after the original injury etc.
0

#20 User is offline   MINI 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 7340
  • Joined: 09-October 07

Posted 06 April 2018 - 09:25 AM

INTER

Re: The WPI.

I did not have Lump sum in the old days. Mainly cause I didn't know much if anything about ACC Law.

I have I/A for first lot of injuries in 1992.

Second and third accidents: break in hand and arm happened in 2014/15 very close on top of one another from two falls.

It is these two injuries that I am going to be assessed for and get lump sum for. If they pass the 10% mark, I understand. I do not expect them to be added together for the calculation of money paid in lump sum, but I do expect them to be added together to get the WPI. Otherwise how else could anyone of a Medical background recognise how badly you are still injured and the effect it has on what you can do. Even the H/H persons would not have the fall story if it wasn't added together, the lump sum WPI would just fade into oblivion.

Mini
0

Share this topic:


  • 2 Pages +
  • 1
  • 2
  • You cannot start a new topic
  • You cannot reply to this topic

1 User(s) are reading this topic
0 members, 1 guests, 0 anonymous users