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Question on 1982 lumpsum payments focus on Section 79 or Pain & Suffering etc

#21 User is offline   doppelganger 

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Posted 12 July 2018 - 05:26 PM

This statement;
No ACC available to rape victims available between 1991 - 2001

If this is correct then the Goverment had removed the payment of compensation was not done under the 1992 Act and sure that it was also covered under the 1998 Act.
Was a case manager lying?
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#22 User is offline   doppelganger 

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Posted 12 July 2018 - 05:26 PM

This statement;
No ACC available to rape victims available between 1991 - 2001

If this is correct then the Goverment had removed the payment of compensation was not done under the 1992 Act and sure that it was also covered under the 1998 Act.
Was a case manager lying?
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#23 User is offline   spacefish 

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Posted 12 July 2018 - 05:51 PM

View PostAlan Thomas, on 11 July 2018 - 02:04 PM, said:

Obviously a psychological assessor is not permitted to assess orthopaedic problems, not even pain.


I made no reference to orthopaedic injuries - in my post I figured that those who read the name Jan Reeves would probably know what path I'm on.


...

So I lodged a request with ACC to get a copy of my old claims info (everything - thanks!) and got a call today from someone who is going to start trawling the archives. She was very helpful and even slipped in a few surprise bits of info. If she is correct with the info she gave then that places my "claim" with ACC to when I was under 18.

Another piece of info she gave re a separate injury related to medical treatment (or lack of treatment) that was lodged on my behalf by my Dr. ACC "claimed" to know nothing about it in the mid 2000's and denied any help for restorative surgery so I ended up funding it myself ... so to be told today that they did know about it makes me pretty livid! What a bunch of liars. Posted Image
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#24 User is offline   spacefish 

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Posted 12 July 2018 - 05:57 PM

View Postdoppelganger, on 12 July 2018 - 05:26 PM, said:

This statement;
No ACC available to rape victims available between 1991 - 2001

If this is correct then the Goverment had removed the payment of compensation was not done under the 1992 Act and sure that it was also covered under the 1998 Act.
Was a case manager lying?

My claim was under the 1982 act, rape/sexual abuse survivors could still make claims under the 1992 and 1998 acts but I think the lump sum component was removed - and then returned in the 2001 act.
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#25 User is offline   Alan Thomas 

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Posted 12 July 2018 - 06:25 PM

View Postspacefish, on 12 July 2018 - 05:51 PM, said:

I made no reference to orthopaedic injuries - in my post I figured that those who read the name Jan Reeves would probably know what path I'm on.


...

So I lodged a request with ACC to get a copy of my old claims info (everything - thanks!) and got a call today from someone who is going to start trawling the archives. She was very helpful and even slipped in a few surprise bits of info. If she is correct with the info she gave then that places my "claim" with ACC to when I was under 18.

Another piece of info she gave re a separate injury related to medical treatment (or lack of treatment) that was lodged on my behalf by my Dr. ACC "claimed" to know nothing about it in the mid 2000's and denied any help for restorative surgery so I ended up funding it myself ... so to be told today that they did know about it makes me pretty livid! What a bunch of liars. Posted Image


I was sent to Jan Reeves for a an assessment related to my orthopaedic injuries.Quite a few ACC case managers make the mistake of only looking at one injury perhaps the dominant injury and then adding that assessed while this regarding everything else. They also simply prolong through the wrong type assessor all the time. The reason this site exists as to unravel the mess that the ACC are in to make sure that they are immediate and submissive to the ACC legislation rather than waywardly doing their own thing To the extent that quite a few people seem to think that whatever the ACC are Doing is correct when in fact it isn't


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#26 User is offline   doppelganger 

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Posted 12 July 2018 - 10:48 PM

View Postspacefish, on 12 July 2018 - 05:57 PM, said:

My claim was under the 1982 act, rape/sexual abuse survivors could still make claims under the 1992 and 1998 acts but I think the lump sum component was removed - and then returned in the 2001 act.


Can not see on the legislation that independence allowance for the mental part is not included in the IA assessment.

Quote

54 INDEPENDENCE ALLOWANCE
(1) Subject to the provisions of this section, every person who has cover under this Act is entitled to receive an
independence allowance at the appropriate prescribed rate if the person's personal injury has or personal injuries have
resulted in a degree of whole-person impairment of 10 percent or more.
(2) No person's entitlement to the independence allowance shall be assessed or reassessed until—
(a) The Corporation has received a certificate from a registered medical practitioner to the effect that the person's
condition arising from the personal injury has stabilised and that it is likely that there is impairment resulting from the
personal injury; or
(b) Fifty-two weeks have expired since the date of the personal injury and the Corporation has received a certificate
from a registered medical practitioner to the effect that, despite the fact that the person's condition arising from the
personal injury has not yet stabilised, it is likely that there is impairment resulting from the personal injury,—
whichever first occurs.
(3) The assessment of whether or not a person's condition has stabilised for the purposes of subsection (2) of this section
shall be undertaken by or on behalf of the Corporation and at its expense.
(4) The assessment of a person's entitlement to the independence allowance shall be carried out in accordance with
section 54A of this Act and if, and only if, the entitlement is established by such an assessment, it shall be payable in
accordance with subsection (7) of this section.
(5) No person shall—
(a) Be assessed as having more than 100 percent whole-person impairment; or
(b) At any time receive more than 1 independence allowance,—
irrespective of the number of claims lodged by that person.
(6) Subject to any regulations made under section 167(1)(aa) of this Act, the maximum amount of the independence
allowance shall be $60 a week.
(7) The following provisions apply in relation to payment of an independence allowance:
(a) Except where section 54A(5) of this Act applies on the reassessment of a person's whole-person impairment, the
date on and from which the independence allowance is payable is the date on which the person to whom it is payable
lodged a claim for cover in respect of the personal injury from which the impairment results:
(b) Payment in respect of any period after the completion of the assessment of the degree of impairment shall be made
by the Corporation quarterly in advance:
© Where, during a quarter, the impairment of a person decreases or the entitlement of a person to an independence
allowance ceases, the Corporation shall not take any action to recover the whole or any part of the quarterly payment
made to that person by way of an independence allowance in respect of that quarter:
(d) When a person dies, that person's entitlement to an independence allowance shall cease on the date of the person's
death.
[S 54 substituted by No 106 of 1996, s 13, effective 1 July 1997. Former s 54 read:
"54 INDEPENDENCE ALLOWANCE
(1) Subject to this section, every person who has cover under this Act is entitled to receive an independence
allowance where the person's personal injury has resulted in a degree of disability of 10 percent or more.
(2) Any entitlement to the independence allowance shall commence not earlier than 13 weeks after the date
on which the personal injury causing that disability was suffered.
(3) The independence allowance shall be paid by the Corporation quarterly in advance, and no action shall be
taken to recover any quarterly payment (or part thereof) in respect of any person who dies or whose
disability lessens or ceases during that quarter.
(4) The amount of the independence allowance shall be $40 per week for persons who have a degree of
disability of 100 percent, and shall be at such lesser graduated rates as are set by regulations made under
this Act in respect of those persons with lesser degrees of disability.
(5) The Corporation shall not pay any independence allowance unless the assessment of the degree of
disability of the person in respect of whom it is to be paid has been made in accordance with—
(a) Scales prescribed under this Act which may be based on impairment or disability or a combination of
impairment and disability; or
(b) In the absence of the scales referred to in paragraph (a) of this subsection, the American Medical
Association Guides to the Evaluation of Permanent Impairment (Second Edition)—
and any such allowance shall be payable from the date of the assessment or the date determined under
subsection (2) of this section, whichever is the later.
(6) Notwithstanding anything in subsection (5) of this section, if the assessment has not been made within 13
weeks after the date on which the personal injury causing that disability was suffered, but the Corporation is
satisfied that—
(a) The assessment has not been completed (whether or not it has been commenced) for reasons beyond the
control or responsibility of the injured person; and
(b) If the assessment had been completed the degree of disability of the injury would have entitled the person
to an independence allowance—
the Corporation shall pay an independence allowance as if the injured person's degree of disability had been
assessed at a percentage estimated by the Corporation.
(7) No independence allowance shall be payable under subsection (6) of this section for a period exceeding 12
months from the day on which the personal injury was suffered.
(8) Where an independence allowance is paid to a person under subsection (6) of this section and that
person's degree of disability is subsequently assessed to be greater than that estimated by the Corporation,
that person shall be entitled to receive the independence allowance as if that assessment had been made 13
weeks after the date on which the personal injury was suffered.
(9) The Corporation shall be entitled to recover any amount paid under subsection (6) of this section if the
assessment subsequently establishes that the degree of disability is less than that estimated by the
Corporation.
(10) The assessment of the degree of disability shall be undertaken on behalf of and at the expense of the
Corporation.
(11) Without limiting subsection (12) of this section, the Corporation shall reassess the degree of disability of
each injured person at intervals not exceeding 5 years.
(12) The Corporation may, on its own motion, or at the request of the injured person, reassess the degree of
disability of that person and make any appropriate adjustment to the independence allowance payable as
from the commencement of the next quarter, but not more than 1 reassessment may be undertaken in any 12-
month period.
(13) An assessment of disability under this section shall not include as disability any impairment, handicap,
incapacity, or inability to do any thing that does not result from personal injury covered by this Act or
personal injury by accident in respect of which a claim has been accepted under the Accident Compensation
Act 1972 or the Accident Compensation Act 1982.
[S 54(13) substituted by No 55 of 1993, s 22, effective 1 July 1993. Former s 54(13) read:
"(13) In any assessment of disability under this section, any disability that does not arise from personal injury
covered by this Act, or personal injury by accident covered by the Accident Compensation Act 1972 or the
Accident Compensation Act 1982, and in respect of which a claim has been accepted by the Corporation, shall
be disregarded.”]
(14) Where any person who has received a payment under section 119 of the Accident Compensation Act
1972 or section 78 of the Accident Compensation Act 1982 is assessed for the purposes of establishing an
entitlement to an independence allowance, the person's disability assessed under subsection (5) of this
section shall be reduced by the percentage or percentages of permanent loss or impairment of bodily function
upon which any payment or payments under section 119 of the Accident Compensation Act 1972 or section 78
of the Accident Compensation Act 1982 were based.
(15) For the purposes of assessments under this section, regulations made under this Act may—
(a) Extend or modify the American Medical Association Guides to the Evaluation of Permanent Impairment
(Second Edition) or any subsequent edition of those guides that may be prescribed for the purposes of this
section:
(b) Prescribe scales other than the American Medical Association Guides to the Evaluation of Permanent
Impairment (Second Edition) to be used for the purposes of this section, which may be later editions of those
guides, or other scales.”]
Transitional provision relating to independence allowance: No 106 of 1996, s 27,
effective 1 July 1997, provides:
"(1) Any person who was, immediately before the date of commencement of this section,
receiving the independence allowance shall be deemed to have been assessed under section
54 of the principal Act (as substituted by section 13 of this Act) as having a degree of
whole-person impairment of 10 percent or more and, until reassessed under section 54A of
that Act (as so substituted), shall continue to receive the allowance at the rate payable on
that date.
(2) On the reassessment of the person under section 54A of that Act (as so substituted), any
adjustment to the rate at which the independence allowance is being paid shall,—
(a) If the entitlement is to be reduced or is to cease, be effective 3 months after the date on
which the person is notified of the Corporation's decision in respect of the level of
impairment:
(b) If the entitlement is to be increased, be effective as from the date of the certificate
verifying the increase in impairment or from the date of the commencement of this section,
whichever is the later.”
54A ASSESSMENT AND REASSESSMENT
(1) For the purposes of section 54 of this Act, a person's whole-person impairment shall be assessed in accordance with
regulations made under this Act.
(2) If the initial assessment is carried out after the expiration of the 52-week period referred to in section 54(2)(b) of this
Act, but before the Corporation has received a certificate from a registered medical practitioner to the effect that the
person's condition arising from the personal injury has stabilised and that it is likely that there is impairment resulting from
the personal injury, the person shall be reassessed following the receipt of such a certificate.
(3) If the injured person's impairment increases after the date of assessment, the Corporation shall reassess the person
following verification, by a certificate from a registered medical practitioner, of the increase in impairment, but not more
than 1 such reassessment (other than a reassessment under subsection (2) of this section) shall be undertaken in any 12-
month period.
(4) If the injured person's impairment decreases after the date of assessment, the Corporation may reassess the person,
but not more than 1 such reassessment (other than a reassessment under subsection (2) of this section) shall be
undertaken in any 5-year period.
(5) If a reassessment is undertaken in accordance with this section, the Corporation shall make any necessary adjustment
to the level of entitlement to the independence allowance with effect on and from the date of the next quarterly payment.
(6) An assessment of a person's whole-person impairment under this section shall not include as impairment any
impairment that does not result from personal injury that is covered by this Act or that does not result from personal
injury by accident in respect of which a claim has been accepted under the Accident Compensation Act 1972 or the
Accident Compensation Act 1982.
(7) If any person who has received a payment under section 119 of the Accident Compensation Act 1972 or section 78
of the Accident Compensation Act 1982 is assessed for the purposes of establishing an entitlement to the independence
allowance, the percentage or percentages of permanent loss or impairment of bodily function upon which any payment or
payments under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act
1982 were based shall be deducted from the person's impairment as assessed under this section.
(8) Every assessment and reassessment of a person's impairment under this section shall be undertaken by or on behalf
of the Corporation and at its expense.
[S 54A inserted by No 106 of 1996, s 13, effective 1 July 1997.]

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