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Independence Allowence Delay's in the processing of claims

#21 User is offline   Alan Thomas 

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Posted 16 February 2007 - 03:46 PM

Mini

The needs to be a direct causal link between the accident event injury and harm that has occurred in the mind for the legislation to kicking with compensation and treatment for a mental injury. This can start with the horrors of the accident event injury and can even in some cases extend into the fallout that is directly attributable to the injury. I think there is a very good case and disregard with the woman who was no longer employable after being a victim to a robbery in her place of work. I think the case was either in Otaki or Livin about 10 years ago. It is a benchmark case law case so it should not be difficult to find.

Either give more details on the site will contact me directly with more information and I may be able to provide more meaningful assistance. This type of case is determined by the original facts rather than the way the ACC have behaved since the injury. Many times these types of injuries can be aggravated by the disgraceful conduct of the ACC staff as also occurred in the above case. While the judge criticised the ACC's behaviour the judgment was made on the original cause and effect issues.
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#22 User is offline   DARRELLGEMMA 

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Posted 16 February 2007 - 05:38 PM

View Postmini, on Feb 16 2007, 02:00 PM, said:

Thanks Alan

My Mental is not PTSD. That is clearly stated in the psychiatrist report. It was not an injury sustained at the same time as my physical injury, it was caused after by factors including operations and the loss of my job.

The Dr said the 'duration' of the mental injury with no treatment made it permanent and stable!!! Like ACC should have been assisting me to hold onto my job, instead of me having to pay mega-bucks to lawyers to do that for me.

The state of my phsyical and issueing mental lead to me having to retire!!

My case sounds quite unique as I havent heard of others without 'brain injury' or as you say PTSD, getting 'cover', for this 'trauma' we all know we face.

Maybe someone can shed some light on this for me and also how the % WPI = $ is worked out for mental. I really have no idea what to expect.

On other note: your reply to Tipnoza is exactly what happened to me after I had asked for backdated weekly compensation.

The story was that 'cover' was established and 'incapacity' was established but only part of w/c was going to be paid as they needed extra documentation and time to calculate further entitlement!!!???

Twisting words to suit themselves. I beleive they had simply ran out of time that was noted by us all to be the date in which they would have me a 'decision'.

Then the Reviewer simply turned around and gave them 'extra time anyway, this effectively cut out any chance of 'interest', as they had not collected all documentation to make calulation and payment!!!

Cheers Mini

Evening Mini it is Darrell here. Who was the psychiatrist my advice do not see doctor John Collier because he is bad. He does not know how to do assessments properly because acc referred me to him 3 times 2 for my sensitive claim & once for my physical claim. I advised acc that 1 was to do the sensitive claim & there was to be an orthopaedic assessment but did the wankers listen NO so i went to review & creamed the bastards at review because the reviewer stated that psychiatrists do not do orthopaedic assessments so i had to go back to Hamilton to reassessed for the physical claim. I still did not accept the assessment by Ian Brown & therefore i sought an independent report from another specialist who increased my percentage to 5% to bring it into line with the sensitive claim making me eligible for an independence allowance. Do not see Doctor Noeline Tanner in Tauranga she is bad as well.
All the best
Regards.
Darrell Pearce.
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#23 Guest_mini_*

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Posted 17 February 2007 - 09:54 AM

Hi Daryl

The pyschiatrist was Dr David Codrye. Acc sent me to him and a more up front and pleasant person you couldnt meet.

He wrote a report that even I can understand, (apart from the bits that only Psycho types understand. That is why I cannot prepare myself for IA, apart from knowing that I will need two different drs if ACC decide to do both physical and Mental. ( My physical already has a rating).

I can't figure how Dr Codrye's GAF = 60, realates in reality to percentage of whole person impairment and therefore dollars!!!

I have heard that they take a round figure of 25%whi for mild to mod and 25-65%wpi for mod etc etc.

Hi Alan

That case sounds as though I should have a read eh?? But being 'on the spot' like 'instant' rather than like mine, in that it was not the actual 'accident' that caused it, may make it irrelivant.

I think I should be OK just plodding along with what I have at the moment. Four cases with different issues. Three different entities with three different lots of legislation, rules and regulations.

I just thought someone maybe be able to assist with the assessment of the mental as I do not know what to expect or how to work out if I am being shafted or not, when ACC makes up its mind what they are going to do.

They have accepted the Dr report and I have 'cover', so we are that far along, but as we are all aware, that does not necessarily mean 'plainsailing' from here on in.

I find pre-armed with information to be the most comfortable situation for me to be in. Then I am ready for the worst, and the anxiety attacks not so distressing.

Not knowing is not good!!!

Cheers and thanks for your advice both of you, this site is great!!!
Mini
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#24 User is offline   DARRELLGEMMA 

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Posted 17 February 2007 - 03:51 PM

View Postmini, on Feb 17 2007, 10:54 AM, said:

Hi Daryl

The pyschiatrist was Dr David Codrye. Acc sent me to him and a more up front and pleasant person you couldnt meet.

He wrote a report that even I can understand, (apart from the bits that only Psycho types understand. That is why I cannot prepare myself for IA, apart from knowing that I will need two different drs if ACC decide to do both physical and Mental. ( My physical already has a rating).

I can't figure how Dr Codrye's GAF = 60, realates in reality to percentage of whole person impairment and therefore dollars!!!

I have heard that they take a round figure of 25%whi for mild to mod and 25-65%wpi for mod etc etc.

Hi Alan

That case sounds as though I should have a read eh?? But being 'on the spot' like 'instant' rather than like mine, in that it was not the actual 'accident' that caused it, may make it irrelivant.

I think I should be OK just plodding along with what I have at the moment. Four cases with different issues. Three different entities with three different lots of legislation, rules and regulations.

I just thought someone maybe be able to assist with the assessment of the mental as I do not know what to expect or how to work out if I am being shafted or not, when ACC makes up its mind what they are going to do.

They have accepted the Dr report and I have 'cover', so we are that far along, but as we are all aware, that does not necessarily mean 'plainsailing' from here on in.

I find pre-armed with information to be the most comfortable situation for me to be in. Then I am ready for the worst, and the anxiety attacks not so distressing.

Not knowing is not good!!!

Cheers and thanks for your advice both of you, this site is great!!!
Mini

Afternoon Mini it is Darrell here. In reply to your to e-mail i received today this Doctor David Codrye. Where is he based & does he travel to see claimants does he apportion your sensitive claim because i know of 2 doctors who & they are bad. Doctor John Collier a psychiatrist in Hamilton & Doctor Noeline Tanner a general practicioner in Tauranga Doctor Michelle Todd a general practicioner here in New Plymouth. My advice stay away from these 3 doctors they are bad. You also said that acc accepted Doctor David Codrye's report is he independent of acc or is he acc trained.
Regards.
Darrell Pearce.
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#25 Guest_mini_*

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Posted 17 February 2007 - 05:21 PM

Hi Darrell

Dr Codrye or Codyre is an Auckland based pyschiatist. Apparently he used to travel but I dont know about now. I flew to Auckland to see him. ACC arranged it all and as I said he was a really nice guy.

He did not mind when I corrected him. He had whiteboard and did a 'timeline' of events as I discribed the happenings. I have never seen a Dr do that previously. He obviously whats to understand, so the report needed very little changed in it from my point of view.

Well done, Doctor Codyre, my pal for life.

Mind you I go well prepared (as I can anyway) and try to stay focused and honest. It is all one needs really.

It was a tiring long journey but well worth it. Thank you ACC!!!

Don't mind me giving them this one plug, as I said it was worth it.

I owe them a few blasts I have kept to myself at the moment.

Cheers
Mini
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#26 User is offline   DARRELLGEMMA 

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Posted 18 February 2007 - 08:06 PM

View Postmini, on Feb 17 2007, 06:21 PM, said:

Hi Darrell

Dr Codrye or Codyre is an Auckland based pyschiatist. Apparently he used to travel but I dont know about now. I flew to Auckland to see him. ACC arranged it all and as I said he was a really nice guy.

He did not mind when I corrected him. He had whiteboard and did a 'timeline' of events as I discribed the happenings. I have never seen a Dr do that previously. He obviously whats to understand, so the report needed very little changed in it from my point of view.

Well done, Doctor Codyre, my pal for life.

Mind you I go well prepared (as I can anyway) and try to stay focused and honest. It is all one needs really.

It was a tiring long journey but well worth it. Thank you ACC!!!

Don't mind me giving them this one plug, as I said it was worth it.

I owe them a few blasts I have kept to myself at the moment.

Cheers
Mini

Evening Mini it is Darrell here. Did doctor David Codyre assess you for a sensitive claim & did he apportion any of it.
Regards.
Darrell Pearce.
P.S. About time acc agreed to use there travel card because they flew me to Palmerston North to see Richard Lander orthopaedic specialist about going in for surgery on my left knee.
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#27 Guest_mini_*

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Posted 18 February 2007 - 08:52 PM

Hi Darrell

You ask if Dr codrye assessed me for a sentive claim & did he apportion any of it.

I asked previously if anyone knew if "mental caused by physical" was a sensitive claim or not. No one has given an answer that my question therefore I am sorry I cannot answer you question.
Cheers Mini
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#28 User is offline   DARRELLGEMMA 

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Posted 18 February 2007 - 09:02 PM

View Postmini, on Feb 18 2007, 09:52 PM, said:

Hi Darrell

You ask if Dr codrye assessed me for a sentive claim & did he apportion any of it.

I asked previously if anyone knew if "mental caused by physical" was a sensitive claim or not. No one has given an answer that my question therefore I am sorry I cannot answer you question.
Cheers Mini

Evening Mini It is Darrell here. Just to give you the answer to your question a mental injury caused by sexual abuse or physical abuse is classed as a sensitive claim & i apply section 141 of the crimes act for the sexual abuse & section 194 of the crimes act for the physical abuse. I may need to double check that on Tuesday if you want me to. Because i can go to the library here in New Plymouth & read the statutes for you are you happy for me to that for as a favour.
Regards.
Darrell.
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#29 Guest_mini_*

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Posted 21 February 2007 - 03:51 PM

Hi Darrell

Sorry for the late reply but my computer did an 'upside down about face' on me and wouldnt let me into anything, so it had to go off to the puter shop for overhaul.

Good computer though, it has stuck by me for five years of much hard graft to get my entitlements from ACC.

It has come back with some extra 'Rams' so it is very fast now. Just about gets away from me!! Tee Hee

Thanks for the offer of reading the statutes etc, that is nice of you but my old Mum got them for me for birthday presents over the years. I still have to go to the library for archived stuff for other acts, but have managed OK so far. Lost a few won a few!! Everybody the same I guess.

You say sexual and physical abuse in the Act, wonder why not Mental, it is horrific as well. Especially when it means your whole life is upside down and back to front, and you will never get all the facalties back again.

Section 141 eh?? I will have a read of it.

Cheers for that.

Mini
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#30 User is offline   DARRELLGEMMA 

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Posted 21 February 2007 - 04:27 PM

View Postmini, on Feb 21 2007, 04:51 PM, said:

Hi Darrell

Sorry for the late reply but my computer did an 'upside down about face' on me and wouldnt let me into anything, so it had to go off to the puter shop for overhaul.

Good computer though, it has stuck by me for five years of much hard graft to get my entitlements from ACC.

It has come back with some extra 'Rams' so it is very fast now. Just about gets away from me!! Tee Hee

Thanks for the offer of reading the statutes etc, that is nice of you but my old Mum got them for me for birthday presents over the years. I still have to go to the library for archived stuff for other acts, but have managed OK so far. Lost a few won a few!! Everybody the same I guess.

You say sexual and physical abuse in the Act, wonder why not Mental, it is horrific as well. Especially when it means your whole life is upside down and back to front, and you will never get all the facalties back again.

Section 141 eh?? I will have a read of it.

Cheers for that.

Mini

Afternoon Mini it is Darrell here. Section 141 of the crimes act & section 194 of the crimes act just so that you aware of what i was referring to i do have a document on me from acc about when they accepted my claim. So if you want me to send you a copy send me an e-mail as soon as possible.
Regards.
Darrell.
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#31 Guest_mini_*

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Posted 21 February 2007 - 09:19 PM

Thanks Darrell but now is not the time.

I am off to a funeral out of town tomorrow, so need some me time.

Thanks for the offer though.

Mini
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#32 User is offline   DARRELLGEMMA 

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Posted 23 February 2007 - 09:46 AM

View Posttspinoza, on Feb 15 2007, 05:46 PM, said:

A review on the grounds of unreasonable delay is clearly available under the legislation. It has also been available 'in fact' as I have successfully filed any number of such applications.

It is wrong of members, a mistake of fact, disadvantaging readers, to advise that it is not available.

On the other hand if accforum readers do not wish to take advantage of that pathway, even imagine it does not exist, well that's their right.

But why complain about any unreasonable delay if you are not going to use the processes available to sort such delays out?

Morning Tspinoza my name is Darrell Pearce. I am in agreement with you & i am going to review because acc are so slow doing things i may even lodge the application today & put in 2 possibly 3 reports as i am awaiting the 3rd report from my orthopaedic specialist. Tell me have you been successful at review on these unreasonable delaying tactics before it is not claimants fault at all it is acc's problem because they don't have enough trained assessors.
Regards.
Darrell Pearce.
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#33 User is offline   DARRELLGEMMA 

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Posted 23 February 2007 - 09:52 PM

View Postmini, on Feb 16 2007, 09:33 AM, said:

Hi everyone

This started with Independence allowance and the time taken. I will backtrack a bit to that.

Does anyone know if 'Mental' is a 'sensitive' claim.

I have recently (like last month) been covered for this.

Apparently Dunedin are 'snowed under' so I have had a reply from 'Hamilton'.

That was more than 21 days ago and it was acknowledging receipt of my Application.

Am I to believe from postings that it is time to give them a bell and find out what is going on at least??

I 'feel' that it is long enough to have got the wheels into motion. Like are they just going to assess the 'Mental' and tag it onto the Physical or are they going to use the very detailed psychiatrict report to make a decision of % therefore $??

About the 'timeliness' issues aand what sections of the act used. Dopple and Tpinoza are correct in what they say. Even though the end result maybe only another extended time limited to ACC, a Review is certainly a way to get them moving, although, I noted to my horror in Court that, if ACC go outside the Reviewers time limit again, you can only Review again. This is for any 'entitlement' and is what Warren and Blurb are up against.

The lack of Decision could actually go on and on and on like a merry go round for 'entitlement' since the 2001 Act came into force and 'separated' 'cover' and 'entitlement' and 'deemed decisions'. It is just another way our rights have been eroded, through suptle changes in the Acts.

Although mine got sorted in the end, it meant I had to take more action than I would have liked and put lots of pressure on with multiply cases going at the one time. It doesn't leave much time for 'rehabilitation'.

Cheers All
Mini

Evening Mini it is Darrell here. In answer to your question a mental injury is classed as a sensitive claim & physical claim is whether you injured your left knee or you broke your arm for example. I am not sure but i can get clarification on monday for you if you want me to. Because i can contact my case manager or i ask my orthopaedic specialist when i see him on the 7/3/07 for my left knee. I may have to have another scan on my left knee to see why it still plays up since my operation in april last year. I am in agreement with you about little time been left for rehabilitation.
Regards.
Darrell.
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