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Miles V Acc (2/2005) medical assessment

#1 User is offline   MG 

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Posted 28 January 2005 - 10:40 AM

Judge Cadenhead held that Dr Kahan's medical assessment was "deficient" because he did not "provide adequate details of why he reached the opinion that the appellant had the capacity to work for each of the types of occupations listed in the occupational assessor's report as required by section 100(1) of the [1998] Act."
The Judge said he thought it was "significant" that Dr Kahan provided some details on some jobs in which the appellant was not capable of working. Dr Kahan also failed to discuss the appellant's pain from her injuries in regard to each identified job option.
Another deficiency in Dr Kahan's assessment was that it did not record the appellant's comments to him regarding her injury and its effect on her capacity for work in the identified job options.
Once he determined that Dr Kahan's assessment was flawed, Judge Cadenhead considered medical evidence tendered in support of the appellant, finding that it was cogent.
Appeal allowed. Costs awarded.
Comment: this case illustrates the need to evaluate medical assessments precisely and identify material flaws. We also need to perform the same exercise with regard to occupational assessments but it seems impossible to find anyone independent of ACC who can provide honest reports.
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#2 User is offline   ernie 

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Posted 28 January 2005 - 04:48 PM

Right on, MG.

And not the first time assessments by Dr Kahan have been found to be flawed. Has happened a couple of times at review too in my experience. Maybe he is one to watch out for.
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#3 User is offline   Paradigm Shift 

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Posted 28 January 2005 - 06:16 PM

what about the so-called vocational assessment.

A vocational assessment should go way beyond listing job titles. the medical assessors meant to know what the work tasks are in each occupation they are assessing? of course not, that is the job of the vocational assessor.

The medical assessor is to be presented with not occupation titles but each and every work task activity of each occupation.

For example if a person is described as a qualified welder that does not mean much on its own. what type of welding? TIG MIG Gas etc. The the assessor must describe whether they are referring to out hand down hand over head welding etc and how much time is to be expected in each of these unusual positions. Also it is not just the fact of welding but the movement of the materials to be welded.

I use the example of welding as it is timely while viewing Mr Ronald Donaldson who has just got out of prison, after being convicted with ACC fraud, as a direct result of the case law being posted on the site. I believe the critical case law was presented "Ernie". I trust that we are all reading and living and breathing case law.

Anyway let's properly quantify what a vocational assessment consists of and what a medical assessment consists of.

More importantly what should a a rehabilitation plan consist of so as the vocational and medical assessment can properly determine as to whether or not a vocational rehabilitation plan has been successful, or not.
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#4 User is offline   Eco-Ter 

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Posted 29 January 2005 - 10:38 AM

Hi Ernie, Yeah your right on the money with Kahans flawed Assessment reports. He assessed me and the report was in case managers hands the following morning, result= quick exit for me, BUT because his report was so flawed, and full of lies I was able to win reinstatement pretty quickly. I know of several other claimants who have had the same treatment from Kahan, and would advise extreme caution in any IMA conducted by him.Support and a tape recorder is the least requirement if an assessment is to take place. Incidentlly he is from Uganda, and I suspect Idi Amin had something to do with his arrival in NZ.

Regards Eco
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