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Weekly Compensation...denied? getting paid

#1 User is offline   juddy25 

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Posted 04 June 2005 - 05:31 PM

Hi all,
I'm writing on behalf of my partner,she has suffered pain in her shoulder/arm area and has had to have time off work, she has seen her GP which sent her for accupunture+osteopath,and she has been prescribed anti-dep pills?!Since she had the 3 weeks off ACC has sent her for a occupational assesment,With Drs Scott Adams,John Monigatti,she is now back at work,due to the fact ACC would not pay her anything UNTIL she went to this occupational assesment...And we had to eat!Can they do this?Furthermore...The report basically as good as says its in her head,she has no problems with her shoulder,maybe she needs counselling!So therefore now ACC wont pay out a bean,What can we do?
Ps.Drs are Scott Adams and John Monigatti?any word on these scum? :angry:
Any ideas about how we handle this would be great.
Thanx Juddy&Fuzzy.
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#2 User is offline   Juscallin1 

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Posted 04 June 2005 - 06:58 PM

Monigatti is one of the most hated Doctors by members of this forum. It would seem he is a very good liar.
Your friend has been absolutley shafted by these mongrels.
She cannot go to work till her injury has stabilised and she has been passed as fit for work by her GP and Specialist.
Think you should take this to Review. The ACC have certainly jumped the gun and this is totally not acceptable that she has been made to go to work and not being paid ERC. The occ assesment and Medical assm't , IOA & IMA are not a condition for ERC to be paid. This usually takes place 13 weeks after the injury. See the ACT for this info.
I would suggest you get a decision in writing from your CM re this and go to Review. You do need some advice from a Support group or your local Community Law Ctre. Also she will need a Specialist to write in Support of her. You need to be able to rubbish this Mongatti report.The Treatment providers can also write a report in her favour too.
Does your friend have an IRP????? Does it have any Social Rehab in it? Like all the treatments, home help etc etc. Also I hope it doesnt contain 35hrs a week work as this is totally illegal and not in the legislation.
The IRP must also be prepared in conjunction with the claimant and her Doctor; the CM cannot write one and send it to her and demand she signs it.
Do not be intimidated by these mongrels!!
Good luck.
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#3 User is offline   Easyrider 

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Posted 04 June 2005 - 07:02 PM

Dr Scott Adams is Prof Gormans side kick, and we all know his style.
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#4 User is offline   doppelganger 

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Posted 04 June 2005 - 09:11 PM

the grounds that the CM are not paying the compensation is a personal one that she wants your partner to suffer.

Has she had a comformation that the ACc is covering the injury?

If the Answer is yes then you should have a list of entitlements, if no ask for them?

One part of the entitlemnts is your compensation Section 69 (1) (c ) the amount that is to be paid is in Part 2 Schedule 1 (depending on the employment)

review is applied under section 134(B) as ACC has not made there decision in reasonable time.

Why is your CM sending judy to a Occupational assesssor when it is clear that juddy will be returning to her previous job.

what I think that the corporation is really doing is to see if you are incapacited or not under section 102 to 105. going for an assessment could be very difficult as you have returned to work. Hope that you have permission from your Dr and a explaintation from your Dr that you are returning to work because the corporation has not paid an entitlement. also if my asumptions are correct your injury has not healed and in returning to work more time might need to be taken off in the future.

Find out what the Dr is saying is wrong and look it up on the internet to see if it is correct or not. Is it a musscle problem get off the anti depressant as it not going to fix the problem. that medicine is for depressed people and not for the will nilly of giving out to pain suffers.

Pain in your head. it is there and that is why you know you have damaged the shoulder/arm.
let me explain If I kicked you in the butt I would compress the texture against the bone and damage it. now because that part of the body is damaged it produces little amounts of acids. the acid in return activates nerves that send messages to the head to say that your but is sore. your head receives the message that your butt os sore and the message satys in your head. So when the doctors says that the pain is in her head they are saying that there is damage to the shoulder/ arm.

don't think that the ACC are going to pay quickly but it looks like that you need to return to your Doctor and get a specialist opinion on what is damaged.

Contact a support group that is near you as they are sure to steer you in the right direction
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#5 User is offline   juddy25 

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Posted 09 June 2005 - 06:23 PM

Thanks for your comments and getting back to me guys,I have passed them all on to my fiance.
Went to my weekly brain injury support group meeting this week,and I was shocked to learn of a couple of long-term Acc claimants had stopped recieving there weekly compensation.I have not had the full story as of yet,but apparently it has to do with them having diabetes? and then being transferred onto a sickness benefit.
Has anybody got any idea if this is common practice by the ACC mongrels?does it just effect long-term claimants?
Thanx
Juddy. :wacko:
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#6 User is offline   doppelganger 

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Posted 09 June 2005 - 08:38 PM

This is the way in which ACC are denying claimants of entitlements. What the ACC are saying that the diabeties is the cause of injury and Diabeties is not covered by the Act.

I don't know were the ACC get there medical opinions from but it certainally not from the medical books.

there has been in the past a Diabetic that has trailed for the All Blacks. my lodgic if a diabetic can do that then a diabetic could be able to do most employment (including forestry working on the forest floor) as this desease is all about controlling the level of sugar in the blood. A head injury person would be unlikely to have the skill ti play at All Black level or would be advisable to work on the forest floor. Chainsaw Trees and a head injuried person might be Wilsons ideal rehabilitation but realately it will never work as
  • you need cordination
  • must be able to remember the days activity's
  • Cordindation must be in excellant working order
  • Constration and must be able to work with distractions also

A person with the above is a liability and needs total supervision which can not be done in the forestry.
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