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ACC avoiding commitments

#1 User is offline   Chipper 

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Posted 11 March 2019 - 10:17 AM

Hi guys first post but im at my ends with ACC, anyone else not been accepted or denied but held in limbo?

Got injured at work last year July, twisted my wrist but also suspected Phoenix palm spike in the back of my hand. Ultrasound and MRI couldn't find it, Had 2-3 months off on acc and had a steroid injection which reduced the swelling but i still couldn't straighten or bend back my hand without pain. Went back to work and it got a alot worse once steroid wore off, I had some time off in January and went to see my specialist again on 5th of feb cause I still had a lump the size of a pineapple lump on the back of my wrist. He suggested surgery and sent off a request to acc and got another MRI done, MRI confirmed same issue and doctor was confident it was same injury not fully treated and could be solved by cleaning out and removing any foreign bodies.

I was assigned a case manager (Michael Hollyman) who went on leave as soon as i tried to contact him so I got random acc staff who informed me my matter was before medical council and I wouldn't get weekly compensation until they approved surgery, they had suggested that to them it looks like a separate injury. I told them I had only worked 7 days this year and was short on money, they told me it would take 2-3 weeks to get a decision. I hounded them 2-3 times a week pushing for answers and Michael finally emailed me back on the 5th of March a full month after I lodged a claim saying

"it is looking un-likely ACC will cover the surgery and subsequently this would mean weekly compensation and treatment also wouldn’t be covered as well.I have made it a high priority but I am aware that you should be seeking assistance from WINZ for financial assistance."

I asked for a reason why and he avoided answering my questions even when i quoted ACC act 2001 on having an answer on claims within 21 days, I wasn't informed they needed an extension so my claim should of been approved if they couldn't make a decision in a timely manner. His suggestion to try WINZ is off loading their commitments to provide support and their soonest appointment is in several weeks.
I asked my surgeon to write a letter and he detailed everything out and left no doubt that acc could wriggle out of its commitments, he had set a surgery date for 18th of March several weeks ago which was really promising.

So far its been 5 weeks without a acceptance or denial of my claim, Written complaints to every department I can and no response and a surgery booked for a week away with no confirmation.

Anyone have similar experiences or has dealt with Michael Hollyman? Never had someone so blatantly avoid answering questions.

Recovery coordinator who has done nothing to help only made recovery difficult and stressful.

Update hour later,
Got a call my surgery has been approved but because ACC took so long to come to a decision i've been bumped to the 9th of April. That's pretty bad service waiting over 2 months to remove a foreign body. Assigned new case manager hopefully see some results.
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#2 User is offline   Alan Thomas 

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Posted 11 March 2019 - 12:06 PM

View PostChipper, on 11 March 2019 - 10:17 AM, said:

Hi guys first post but im at my ends with ACC, anyone else not been accepted or denied but held in limbo?

Got injured at work last year July, twisted my wrist but also suspected Phoenix palm spike in the back of my hand. Ultrasound and MRI couldn't find it, Had 2-3 months off on acc and had a steroid injection which reduced the swelling but i still couldn't straighten or bend back my hand without pain. Went back to work and it got a alot worse once steroid wore off, I had some time off in January and went to see my specialist again on 5th of feb cause I still had a lump the size of a pineapple lump on the back of my wrist. He suggested surgery and sent off a request to acc and got another MRI done, MRI confirmed same issue and doctor was confident it was same injury not fully treated and could be solved by cleaning out and removing any foreign bodies.

I was assigned a case manager (Michael Hollyman) who went on leave as soon as i tried to contact him so I got random acc staff who informed me my matter was before medical council and I wouldn't get weekly compensation until they approved surgery, they had suggested that to them it looks like a separate injury. I told them I had only worked 7 days this year and was short on money, they told me it would take 2-3 weeks to get a decision. I hounded them 2-3 times a week pushing for answers and Michael finally emailed me back on the 5th of March a full month after I lodged a claim saying

"it is looking un-likely ACC will cover the surgery and subsequently this would mean weekly compensation and treatment also wouldn’t be covered as well.I have made it a high priority but I am aware that you should be seeking assistance from WINZ for financial assistance."

I asked for a reason why and he avoided answering my questions even when i quoted ACC act 2001 on having an answer on claims within 21 days, I wasn't informed they needed an extension so my claim should of been approved if they couldn't make a decision in a timely manner. His suggestion to try WINZ is off loading their commitments to provide support and their soonest appointment is in several weeks.
I asked my surgeon to write a letter and he detailed everything out and left no doubt that acc could wriggle out of its commitments, he had set a surgery date for 18th of March several weeks ago which was really promising.

So far its been 5 weeks without a acceptance or denial of my claim, Written complaints to every department I can and no response and a surgery booked for a week away with no confirmation.

Anyone have similar experiences or has dealt with Michael Hollyman? Never had someone so blatantly avoid answering questions.

Recovery coordinator who has done nothing to help only made recovery difficult and stressful.

Update hour later,
Got a call my surgery has been approved but because ACC took so long to come to a decision i've been bumped to the 9th of April. That's pretty bad service waiting over 2 months to remove a foreign body. Assigned new case manager hopefully see some results.


Quite obviously Foreign bodies can only be the result of an accident. That means that the ACC officer had attempted to make a medical decision without medical information. That's what we call of the crimes act the production of a document for a pecuniary advantage, fraud. There is absolutely no excuse for any ACC officer to make any sort of attempt to determine any kind of challenge to your medical professionals proposing treatment. That's the second strike against your ACC staff.
The good news is that you received treatment little quicker than most. I held back in a gentlemanly and polite fashion rather than raising a raucous with the result being that ACC have seen me as a ready target and attacked most viciously. I guess I do not know how to deal with dishonest bureaucrats. I'm very pleased for your good news and will watch your progress.
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#3 User is offline   Chipper 

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Posted 11 March 2019 - 02:06 PM

View PostAlan Thomas, on 11 March 2019 - 12:06 PM, said:

Quite obviously Foreign bodies can only be the result of an accident. That means that the ACC officer had attempted to make a medical decision without medical information. That's what we call of the crimes act the production of a document for a pecuniary advantage, fraud. There is absolutely no excuse for any ACC officer to make any sort of attempt to determine any kind of challenge to your medical professionals proposing treatment. That's the second strike against your ACC staff.
The good news is that you received treatment little quicker than most. I held back in a gentlemanly and polite fashion rather than raising a raucous with the result being that ACC have seen me as a ready target and attacked most viciously. I guess I do not know how to deal with dishonest bureaucrats. I'm very pleased for your good news and will watch your progress.


I requested all the files they had on me, the written guidance transcript states "The MRI findings of moderately severe stenosing tenosynovitis of the 4th extensor compartment, in the
absence of evidence of significant direct trauma (eg. contusion) to the hand, appear more consistent with a
gradual process condition of the client's left hand. There has been no discussion of his recreational activities
outside his job as an arbourist.
Given the client's age and occupation, it may be that a gradual process injury related to his work activities is
possible however there has been no indication from the treating providers that this is the case."

So it seems they were trying to imply a gradual process injury?
How does a gradual process injury come on suddenly in someone only 23? oh an accident.
I will be extremely happy if they find a foreign body in my wrist.
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#4 User is offline   Alan Thomas 

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Posted 11 March 2019 - 05:45 PM

View PostChipper, on 11 March 2019 - 02:06 PM, said:

I requested all the files they had on me, the written guidance transcript states "The MRI findings of moderately severe stenosing tenosynovitis of the 4th extensor compartment, in the
absence of evidence of significant direct trauma (eg. contusion) to the hand, appear more consistent with a
gradual process condition of the client's left hand. There has been no discussion of his recreational activities
outside his job as an arbourist.
Given the client's age and occupation, it may be that a gradual process injury related to his work activities is
possible however there has been no indication from the treating providers that this is the case."

So it seems they were trying to imply a gradual process injury?
How does a gradual process injury come on suddenly in someone only 23? oh an accident.
I will be extremely happy if they find a foreign body in my wrist.


ACC will be asking whether or not you have suffered from a gradual process injury caused by something other than your occupation in which case they would not be liable to pay earnings compensation.
What you are suffering from is a typical chainsaw/weed eater/lawnmower type gradual process injury or you have simply been working too hard beyond the capacity of your structure.

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#5 User is offline   Chipper 

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Posted 11 March 2019 - 07:48 PM

View PostAlan Thomas, on 11 March 2019 - 05:45 PM, said:

ACC will be asking whether or not you have suffered from a gradual process injury caused by something other than your occupation in which case they would not be liable to pay earnings compensation.
What you are suffering from is a typical chainsaw/weed eater/lawnmower type gradual process injury or you have simply been working too hard beyond the capacity of your structure.

Yeah but got spiked in the back of the wrist and twisted wrist day after, big lump appears and hasn't gone away thats not a gradual process that's an injury at work. Cheeky to try label it as such without any proof medically.
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#6 User is offline   Alan Thomas 

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Posted 12 March 2019 - 11:08 AM

View PostChipper, on 11 March 2019 - 07:48 PM, said:

Yeah but got spiked in the back of the wrist and twisted wrist day after, big lump appears and hasn't gone away thats not a gradual process that's an injury at work. Cheeky to try label it as such without any proof medically.


Isn't that a separate and additional injury?
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#7 User is offline   MINI 

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Posted 12 March 2019 - 11:52 AM

View PostAlan Thomas, on 12 March 2019 - 11:08 AM, said:

Isn't that a separate and additional injury?


Even if it was a injury you had at home it should still be covered. BUT it could be seen as two separate injuries. One the wrist and the other the spike. You would have to be careful how you word it as they will take it as two if they can. Mind you it is only one day apart, so highly unlikely they could win.

Good luck

Mini
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#8 User is offline   Alan Thomas 

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Posted 12 March 2019 - 12:52 PM

View PostMINI, on 12 March 2019 - 11:52 AM, said:

Even if it was a injury you had at home it should still be covered. BUT it could be seen as two separate injuries. One the wrist and the other the spike. You would have to be careful how you word it as they will take it as two if they can. Mind you it is only one day apart, so highly unlikely they could win.

Good luck

Mini


Many I don't think you realise that someone receiving a gradual process injury such as from sport and not from the workplace that they are not entitled to earnings compensation.
A gradual process injury is determined over the period of time the injury took place and what was causing it. The injury did not occur on the date it was reported.

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#9 User is offline   MINI 

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Posted 12 March 2019 - 02:35 PM

View PostAlan Thomas, on 12 March 2019 - 12:52 PM, said:

Many I don't think you realise that someone receiving a gradual process injury such as from sport and not from the workplace that they are not entitled to earnings compensation.
A gradual process injury is determined over the period of time the injury took place and what was causing it. The injury did not occur on the date it was reported.


Thomas

Even if the injury is one it is not a gradual injury. A spike of wood cannot be a gradual injury and the twisting of the wrist could be caused by the spike of wood depending on the size of the wood and a lot of other factors.

having a injured kneecap at the moment (covered) there are times when I go to walk on it or change position of it and obviously do something that makes it hurt terribly that would/could cause me to jerk it, and thereby hurt it further. Thankfully all is going well, but it doesn't change the fact that having one injury could cause a further one.

This is information mainly for you Chipper.

Don't let others persuade you. If you are not satisfied take it straight to Review. If it goes against you take it to Court. All you want is what you consider is right. They court will soon sort it for you.

Good Luck

Mini
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#10 User is offline   80 grand arm 

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Posted 31 March 2019 - 11:48 AM

I think you need to get schmidt&peart involved they are very good
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