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Fibromyalgia looking for case law

#1 User is offline   ACCORRUPT 

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Posted 09 March 2020 - 10:36 PM

Hi. I saw a case study a while back where ACC was ordered to reinstate weekly comp because fibromyalgia pain cannot be objectively assessed. Anyone seen that or know how I can find it.

Thanks in advance.
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#2 User is offline   Alan Thomas 

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Posted 10 March 2020 - 11:04 AM

I to recall that there is a case that has gone through the courts whereby fibromyalgia was at issue and the claimant's claim was successful.

However this does not mean that fibromyalgia can be relied upon as the basis of a claim. The reasoning is that fibromyalgia is a symptom that does not specifically identify damaged structures resulting from injury. For example Convid 19 will also initiate a fibromyalgia condition. Fibromyalgia can spontaneously appear and just as easily spontaneously disappear. Having said that actual injuries and in particular gradual process injuries very frequently initiate fibromyalgia.

What you need to do is identify an accident event or micro accidents such as gradual process injury whereby bodily structures have been identified to have been damaged in order that ACC accept the claim. From this the medical professional that determines the degree of disability resulting from this injury can provide the ACC with the relevant information for the purposes of securing entitlements.


It is essential that you take each of these steps in accordance with the legislation.



As a passing observation ACC are very keen to have people's injuries rebranded as fibromyalgia in full knowledge of the fact that on this basis they can very easily discount themselves from being liable or taking responsibility for the claimants injuries and entitlements. It could be that you and your medical professional have been lulled into a false sense of security by a most cunning and dastardly plan to redirect your thinking away from legislative criteria.

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#3 User is offline   doppelganger 

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Posted 29 March 2020 - 10:31 PM

Get a proper diagnose from a proper medical person and not a ACC assessor who will not look and investigate what is causing the fibromyalgia.

The assessor will claim that they have no information even when they have the information.
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