MINI, on 29 June 2018 - 03:34 PM, said:
Anonamousey
The only problem being that if he thought all the documentation relating the 1974 injury he may has mislead the court by not mentioning his right injuried hand then. As it may have harmed his cover and erc if he had of gone into publication with it, as that is what would have happened if he tried to tie it in with the new right hand injury.
As far as I can tell Mini there must be some medical records remaining concerning the 1974 hand injury which is how I discovered that the joint and his wrist & arm functioning was in fact defective
prior to when he claimed he used it for those alleged demanding Trigon 16 hour marathon computer mouse sessions etc
However in saying this Mini, I know the body learns to compensate and use muscles and ligaments in alternative ways so this is likely very similar to your circumstances as well as myself ie we have permanent disabilities and manage them as best able etc
IMHO the problem for Alan is that I believe it would be virtually impossible for any surgeon to restore his wrists back to a defective state if this is what he was imagining he could demand with his wordgames and insistence on some idiosyncratic reconstruction etc Since then though Alan has spoken of yet another potential surgery to rebreak his right arm and thereby correct the defects that were ignored for nearly 50 years etc Of course like Hemi noted in his comments above, Alan has also had some $40,000 operation which has also still not supposedly returned him to his purported capacity with a defective wrist etc etc
MINI, on 29 June 2018 - 03:34 PM, said:
Just opinion. as I have the broken right hand as well and a lot of Google type documentation as to what didn't mend on it. I am still using it broken as I have to look after myself and be independent and don't have a talking workhorse. But with a broken left humerous and left broken hand in the one year 2015, it is pretty hard to say you could forget that the hand was in plaster for eight weeks and being my dominant hand it is used for everything I do. I suppose one day they will come up with something other than pain killers for it, and then I may be in the same territory as your Treatment Injury fellow.
I agree Mini
Also like you I too did not have the same expensive assistance which I have seen him brag about either with his voice activated software back then etc However this may be because I purchased my own and went online into cyberspace a few years before he did ie mostly in an effort to keep my brain active etc
One of the things I do currently think Alan may have some difficulty overcoming ... would relate to issues within his extensive court litigation ...
For example, in the Review Decision I am using as a reference above, Alan has claimed the 16 hour sessions are no longer possible and these appear to be necessary for his alleged primary economic activity. The 30 minute sessions are unclear as to their context eg can he achieve 8 sessions a day instead of one uninterrupted marathon etc There is also specialist opinion that his wrist has full range of movement. This specialist though is also acknowledging that Alan claims he needs far more intense or sophisticated fine motor control for the computer mouse manipulations. At this time I have still never seen any independent or objective verification of such an occupation requiring any body part for such a length of time under anything remotely like the muscle or ligament tension that Alan claimed.
This is fine and is a separate issue Mini as that matter is between ACC and Alan and his specialists and their respective opinions and investigations etc My observation and POV is mostly that I find it contradictory and impossible to reconcile with his other claims such as the one that he could not use a toothbrush; or others much like where it seems he travelled overseas with his bad breath or teeth, &or then undertook risky activities such as controlling heavy machinery or craft etc I also have spoken of my concerns in regards to all the road traffic accidents but Alan rejects any responsibility and has always blamed someone else in those dialogues unfortunately.
I raise this only because Alan is currently a non-earner so if he is driving without medical approval due to either his ongoing inadequate wrist function [qv splints?] ... OR his other claims of incapacity for multiple reasons ... then IMHO he may be on very thin ice again! I also now wonder is this may play a part in his motivation for opening another thread as he is seeking reinforcements for these types of behaviours perhaps? Hard to tell though as I find his abuse and insults so tiresome so it only reminds me of his courtroom antics where he did sweet FA and just held IMHO some ridiculous expectations of how other people function &or his ignorance regarding evidence and critical reasoning from the Judges unfortunately...
I do know that Alan continually rewrites his stories ad nauseum in here and no matter which fact or issue or point of law being explored - the contradictory or illogical convoluted palaver erupts ... in here there is zip anyone can do except call it out for what it is ... the NZ courtrooms however are IMHO a different kettle of fish imho ie his own statements under oath may bite him back when regurgitated ... and his times of alleging ignorance or cognitive impairments will also not wash in that environment IMHO..
Bottomline though is I think you might be in situation similar to myself Mini. We were both fulltime workers when our first accidents occurred. IMHO the key to the McKernan issue is the fact that he was not in full time employment when his first accident occurred. Alan will not clarify his income status.
From what I can see ACC are now enforcing compensation restrictions back to this time for McKernan, and thereby ignoring any loss of wages due to ongoing treatment needs or reinjury of the same structures perhaps?
I havent yet looked into all of the *reinjury* processes under the ACC umbrella as I think this is a confusing pit to begin with Mini... mainly as at one point I think they were issuing new claim numbers for new accidents or incidents involving the same body structures etc This may be how some claimants may slide a little bit through some of the quagmire perhaps? It would also be relevant to the Section 79 assessments or the IA which you are going through IMHO. This multiple numbering style of olde may also be one of the reasons why ACC is addressing the *income* factors before any *medical debates* over injury sustained etc
For example, the weakness in Alans case could possibly be that he was a nonearner in 1974 when he fell out of the tree. I mistakenly percieved his lack of records and significant memories from back then as an indicator of youth and immaturity etc I have no explanation for why any surgery was not pursued to correct the defects of his wrist BEFORE he entered into a purported occupation that is so heavily reliant on a properly functioning wrist as well as a responsibly managed work environment eg RSI risks eliminated etc
As I mentioned above, I am interested in this issue due to a 22 year old who sustained injury around the same age as McKernan. Their efforts to enter the workforce have all failed so they are currently on WINZ sickness benefits etc McKernan has thankfully achieved the earner status which is why he is so shocked at the income differences and it is having such a huge impact on his lifestyle if he needs to recuperate from surgery times but this is being disregarded and his LOPE income is only being compensated etc
I am also not sure yet how this ACC approach would manage other child victims from abuse or even P babies Mini as well as the wider coverage being sought in other circumstances I have seen reported in the media recently ...
MINI, on 29 June 2018 - 03:34 PM, said:
Talking of treatment injury does any know, if you have a I/A you already get paid for and the two breaks come under lump sum, do they have to get added together to get the Whole person Impairement?? Just wondering where I would find it.
Mini
Sorry I am not too sure about this Mini