ACCforum: HOW TO GET AN OLD IMPAIRMENT RATING CHANGED? - ACCforum

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HOW TO GET AN OLD IMPAIRMENT RATING CHANGED?

#21 User is offline   keentohelp 

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Posted 13 June 2019 - 07:54 PM

View PostSweetPotatoe, on 07 June 2019 - 08:13 PM, said:

My partner had his first MVA in 1983, his glasgow coma scale was 3/15 on the first day and then for the following week it was 7/15. He was in hospital for over 3 weeks and diagnosed with a serious TBI. He was told by the specialist that he would need at least 9 months of intensive therapy and rehabilitation. He didnt really attend rehab much at all and fought to get back to work. HIs impairment rating for this accident was 4%!!! After he went back to work, he was pretty much left to it. He had no one checking in on him to see how he was coping or surviving with day to day lilfe.

He thought he was diong fine, even though he had trouble keeping jobs and even getting in trouble with the law for various things, all probably related to his injury and the lack of supervision or care he received after his 1983 accident. Does anyone know how they can justify an impairment rating of only 4% back then when quite clearly his injury was very serious.

Is there any way I can appeal this from so long ago? Any help would be greatly appreciated.


Out-of-time decisions can only be readdressed, once the three months allowed are past, by providing new information and requesting a new decision. 'New information' is usually quite hard to provide as there is a 'high bar' set as to what it amounts to.

Often the best first step is to seek a reassessment of the current condition of those injuries. If that generates a payment going forward then good while if the assessment discovers something not found in the initial assessment it is possible that might qualify as 'new' information and allow ACC to reconsider their original rating going backwards.
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#22 User is offline   Hemi 

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Posted 14 June 2019 - 06:40 AM

View Postkeentohelp, on 13 June 2019 - 07:54 PM, said:

Out-of-time decisions can only be readdressed, once the three months allowed are past, by providing new information and requesting a new decision. 'New information' is usually quite hard to provide as there is a 'high bar' set as to what it amounts to.

Often the best first step is to seek a reassessment of the current condition of those injuries. If that generates a payment going forward then good while if the assessment discovers something not found in the initial assessment it is possible that might qualify as 'new' information and allow ACC to reconsider their original rating going backwards.

Thanks.

Maybe the soothsayers will finally read and leave there own crap out of others issues.

As you say it is a very hard road on ones like this and the re assessing will be most intensive and require a high standard of evidence to go back to the initial injury with the many years of the claimants life being scrutinised as is usual to offset any change in initial injury % to lay it on anything else that acc may probably will find to deny. Quite some journey to the detriment of the claimants well being health etc unless there is already in hand clear precise information collated over the years to show the issues raised were in fact caused of/by the original injury.

Dave.
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