[monkey]

Reading thru pathway in my childs file and it states that "serious injury profile correst and completed.Profile 5 has an ongoing need for 24 hour care from TBI.Although we do not pay full attendant care, it would appear there is a need for 24 hour supervision
Interesting eh, anyone got any idea what this means please

[Unicorn]

ACC v Campbell

ACC claimants requiring 24 hour attendant Care:
For those of you who were injured prior to the new attendant care regulations which established a right to 24 hour care and your caregivers/family there is an important decision you should all be aware of,

ARCIC v Campbell ( High Court, Wellington 1 March, 14 April 1996 Heron and Ellis, JJ AP 200/95).

This case found that ACC had not been correctly paying claimants or their caregivers their entitlements to attendant care and their caregivers replacement earnings for work they may have had to give up to care for the injured person.

If you think you may be affected by the decision I would advise you to take the case, to your lawyer and put in a claim. Do not first approach ACC as they are trying to minimise the amounts they will have to pay out under the decision.

The money you may spend on legal fees will be well worth it. Also be aware that settlements are likely to be taxed at a rate of 33% so any settlement you get needs to cover that - I would suggest an interest payment from ACC for all the years the money was not paid.

If any of you affected have questions I would be happy to answer them on the list or by private email.

Errolyn Jones Barrister
[email protected] <[email protected]>

Accident Rehabilitation & Compensation Insurance Corporation v Campbell
High Court, Wellington 1 March, 14 April 1996 Heron and Ellis, JJ AP 200/95
Accident compensation Pecuniary loss unrelated to earnings Necessary care for person requiring constant personal attention. Seriously injured claimants requiring care for 24 hours per day.

Whether corporation having discretion to fund care for less than 24 hours "Necessary care" Accident Compensation Act 1982, s 80(3)
To Accident Rehabilitation & Compensation Insurance Corporation v Campbell

[doppelganger]

I have just bee through the AC profiles and don't know what there profile 5 is.

there is very little in the profile to do with the TBI.

Head Injury Risk Groups

--------------------------------------------------------------------------------

HIGH RISK


--------------------------------------------------------------------------------

2% of all head injuries, 30% have intracranial injury
Drowsy/confused (GCS <14)
Focal neurological signs
Delayed convulsion
Deteriorating recordings or symptoms e.g. GCS fall by 2 points
Penetrating skull injury or palpable depressed fracture
Basal skull fracture signs:
Bilateral periorbital bruising (Raccoon's eyes)
Blood or CSF from nose, ear or blood behind ear drum
Bruised mastoid area (Battle's sign)

--------------------------------------------------------------------------------

MODERATE RISK


--------------------------------------------------------------------------------


23% of all head injuries, 4% have intracranial injury
GCS 14
Severe or worsening headache especially if accompanied by vomiting
Serious facial injury
Suspected impingement on to brain tissue:
Scalp injury/assault with firm, pointed object
Gunshot, missile, shrapnel
Possible depressed skull fracture
Bleeding disorder or anticoagulation
Unreliable history of injury (e.g. language difficulties)

--------------------------------------------------------------------------------

MINOR RISK


--------------------------------------------------------------------------------


75% of head injuries, minimal risk of intracranial injury
None of the above criteria
Mild headache
Dizzy
Scalp haematoma/laceration/contusion/abrasion ONLY

--------------------------------------------------------------------------------

"THE GREY ZONE"

--------------------------------------------------------------------------------

Any history of:
Loss of consciousness (KO'd, amnesia)
Recurrent vomiting

[monkey]

Thanks for the information.My child is under the 1998 act and does receive attendant care.Only noticed this statement in pathway file received today.Care was reassessed recently and as a result increased slightly.

[doppelganger]

Glasgow Coma Score



Eye Opening Points
Spontaneous 4
To speech 3
To pain 2
Nil 1

Best Motor Response
Obeys Commands 6
Localises to pain 5
Withdraws to pain 4
Abnormal Flexion 3
Extensor response 2
Nil 1

Verbal Response
Oriented 5
Confused conversation 4
Inappropriate words 3
Incomprehensible sounds 2
Nil 1


--------------------------------------------------------------------------------

Maximum possible score 15
Minimum possible score 3

--------------------------------------------------------------------------------






yes they havent got much at all this is because head injuries very so much and even Drs would be hard pressed to be able to get it all right down on paper.

if you are really worried about what Profile 5 means I would suggest looking at the ACC site http://www.acc.co.nz...ders/resources/ and read there documents on TBI.

for anyone else there are new documents on the ACC site that may affect you.