[Stumpy]

Hi all,
Merry Christmas and ? Happy New Year. Life with ACC continues and just because it is the so called "Festive" season doesn't mean they have a rest.

For those of you who remember I live Off Shore. I was in NZ in Sept for an IM and VA. The Dr who examined me made his report after 10 weeks and ACC wanted it amended / altered.

Well all has now been done. He has revisited his initial report and added to it. I believe it is in the mail to me now.

Anyway, the upshot of all this is I now have the choice of returning to NZ for 3 mths while they work me for 4 hrs per day and administer an Activity based Pain Management Exercise program!!!!!!!!!!!! (I guess this is to be done by that wonderful chap in Auckland with all the fancy equipment that ACC have paid for Mr Bob Sellars!!!) or stay where I am and do the same here at my own cost.


If I stay put and my work hrs have not increased by to 7hrs per day by 26th March 2004 then I would have no choice but to return to NZ.

At the end of Rehab I will be required to return to NZ anyway and have another VIA


If I return to NZ for all this they will pay my transport to the appointments but not my accomodation for 3 mths and of course I have to pay my own airfares. Maybe I can go by boat and it will take longer???

I await your comments and input which I have always found helpful.

Stumpy

[doppelganger]

review there decision and have review in Australia

[BillyBob]

A review of this decision appears to be the way to go.

If they are going to put you to work on a trial for 4 hours per day it still doesnt make the 35 hour week.
This seems to be harassment with no viable outcome to anyone least of all you.
Come to nz and do the work trial but review the decision and make them pay your accomodation etc.


Also if you are in nz and going through their fictitious wonder cure programs it would be advisable to find a doctor and if you have any trouble get a certificate stating you cannot do the work trial or activity program and sit acc back on their own arse.

Sounds like a complete waste of policy holders money to me just so they can put the boot into you stumpy.
Shame on the mongrels.

cheers
billybob

[greg]

That fancy equipment of Bob Sellars [FCE] damaged my efforts
to rehabilate myself from a hernia injury. I agreed to a [informed consent ]
but refused to remove my abdomiable brace but was still expected
to lift 18 kg. What a lot of bullshit.I walked down 4 steps with a hand rail
and was then reported to have no balance problem.[[Wishing please]].
The tester got a big thrill because she put some papers on the floor
and I picked them up, big deal[next to a wall] but left the ???????????

[Stumpy]

Hi All,
Can anyone help me here?
I need to know what my rights are in respect of time frames for this latest little fiasco to be completed by. I have family commitments as well as other commitments and if I am to come to NZ for 3mths I will require some time to organise things. My CM is stating that everything has to be completed by 26th March 2004 and "any time delays will shorten my period of rehabilitation"

Thanks again
Stumpy

[Easyrider]

Hi Stumpy. I think you should lay a complaint, what they are wanting you to do is pure harrassment, mabey someone on the board can state what parts of the code of claiments rights this ill attempted plan breaks.

[Stumpy]

Thanks everyone. I have decided to wait ansd see what the response is to my questions before I reply to their demands. If I have to go to N Z I do have a very supportive Dr if they let me go to where I came from.
I will keep you all posted whenever I can.

In the meantime I wish everyone a Safe, Happy, Prosperous and ACC free New Year.

Take care,

Stumpy

[Tipster007]

Hi Stumpy,

Two Points.

The date of completion (26 march 2004) is only that date because they have to have a completion date on your IRP (legislation policy). This date can be and should be MODIFIED when you get here and have some input into your ongoing individual rehabilitation plan Re: Vocational Rehabilitation.

Vocational rehabilitation has a MAXIMUM time period of 3 YEARS which need not be CONSECUTIVE. In other words if there is some mucking around etc, that period of time does not come off the 3 years (thus the need not be consecutive provision). After all you would not consider travel and travel arrangements from overseas to be regarded as vocational rehabilitation, otherwise we would all want a job doing just that.

Good luck


Tipster007

[Stumpy]

Thanks for that Tipster, but when does the 3yr period start??? They could argue any date as I have been receiving ERC for 10yrs.

I think my CM just wants a big fat 'bone arse' to start the year off on!!!!!!!!

Keep those ideas coming. I have emailed my response and will let you know what the reply is when I get it.

Stumpy

[doppelganger]

Notice that this is Medical rehabilitation and not Vocational rehabilitation. Pain Management is medical and this has to be done with your Dr approval.
Pain Management is definitely a medical treatment and is not Vocational.
Pain managment would come under something else other than sections 85 to 96.
Treatement comes from a registered medical practitioner, and don't think that your CM is qualified and definitly not registered.
Most GP's would stay away from pain management clinic's as they run on the basis of pushing through the pain barrier where in a lot of injury this is just the oposite in what should be done.
Just a thought
Doppelganger

[Tipster007]

Hi Stumpy,

Your vocational rehabilitation possibly started when you FIRST SIGNED an agreed IRP plan sometime in the past that had some aspect of vocational rehabilitation included in it.

Don't get weekly compensation payments mixed up with vocational rehabilitation, as they are two totally different entitlements altogether that bear no relationship to one another as far as the 3 year limit is concerned.

If you have not actually had any vocational rehabilitation thus far then you still have a legal right to a full three years or any part of that three years that has not yet been used up.

If I recall correctly it goes back as far as Sept 1996 for the starting date of any vocational rehab that is to be included in that three year time span. In other words if you haven'y had any actual VOCATIONAL rehabilitation since 1996 then you are still entitled to (but will not necessarily be given??) a maximum of 3 years.

Pain management may well assist you with any vocational rehabilitation but is regarded as a MEDICAL TREATMENT entitlement NOT vocational rehabilitation.

This Medical Treatment will be a recommendation as part of IOA & IMA and once that is completed then you will need to sit down with CM and update your IRP to cater for vocational rehabilitation that is within your capabilities once the results of Pain Treatment have given some indication of your ongoing employment capabilities so that you undertake achievable vocational rehabilitation.

Only after you have achieved any vocational rehabilitation goals and your IRP has therefore been successfully completed as agreed, can the Corporation then consider putting you through the VI assessment to establish whether or not you then have a capacity to engage in full-time employment for 35+ hours per week.


Tipster007

[Stumpy]

Hi Tipster,
I have been through the VI Assesment in Sept and the Specialist said that I didn't have the capacity to work for 35+ hrs per week. They weren't happy with that and asked him to ammend / add to his report. This is now the result of that addition/ ammendment.

I have NEVER had any Vocational Rehabilitation that I am aware of. I have been doing part time unpaid work for a few hours a week for the last couple of years under my own steam. I guess they could call that VOc Rehab!!!

Am still waiting for their response to my questions. I guess she has today off!!!!!!!!!

Stumpy

PS What makes this Medical Rehabilitation doppelganger??? I did a pain management course several years ago why revisit it?

[Tipster007]

Hi again Stumpy,

Once you have been through VI and have been found NOT to have a capacity to undertake full-time employment for 35+ hours per week then that is a finding under this current Act that you DO NOT have vocational independence. That is why you are still getting weekly compensation.

In these circumstances the only option left to ACC is to start the whole IOA and IMA process all over again and try to find some other form of vocational rehabilitation that may assist them in getting you to have vocational independence.

That is why they have decided to get you to the Pain Clinic so that they can identify your level of INCAPACITY and then put some appropriate vocational rehabilitation in place to assist you back into the workforce. I think they are planning on putting you through a work trial ?? once you have been assessed through the Pain Clinic and established your level of incapcity.


Tipster007

[Stumpy]

Hi Again Tipster,

I think they are trying to do both things at once. They want me to start working 4 hrs per day and increase up to 7 hrs per day and at the same time have this "Exercise" thingy. Is this really what is going on!!!!!!!!!!!

Stumpy

[Stumpy]

Can anyone clarify exactly which ACC Act I come under?
I was first injured and they accepted my claim in 1993. Does that mean I am under the 1992 Act or is it now a newer Act?

Stumpy

[Juscallin1]

Stumpy, you come under the 1992 Act. If your claim was accepted in 1993, the 1992 Act applies. Good luck in your fight. You must review the Decision cos if your IMA report was changed, you will no doubt have a recording of the interview with the Dr and you can show them what he said and then prove the CM changed the report.

Pain management doesn't have to be a course done with one of their dudes, you can show you have your own pain management and attend regular massage,acupuncture or physio etc, even you can prove your Doc's medication managed your pain. This can be put on your IRP.

I told them that no way were they going to interfere with my own pain management and I had my own program. Hang in there and fight this. Why should you after all these years be expected to recover so quickly? It is utter rubbish!!!

[broken]

Hi Stumpy. It all depends on the date of your accident and made a claim which Act you come under. Read the following and see which Act you come under. In some circomstances it is better to be under the 82 Act.

BE IT ENACTED by the Parliament of New Zealand as follows:

1. Short Title and commencement---(1) This Act may be cited as the
Accident Rehabilitation and Compensation Insurance Act 1992.

(2) Sections 32, 100, 108, 109, 113 to 119, 122, 128, 129, 130, 131,
132, 134, 163, 167, and 178 of, and the Third Schedule to, this Act
shall come into force on the 1st day of April 1992.

(3) Except as provided in subsection (2) of this section and the Third
Schedule to this Act, this Act shall come into force on the 1st day of
July 1992.

[hukildaspida]

Stumpy, on 30 December 2003 - 02:50 PM, said:

Hi all,
Merry Christmas and ? Happy New Year. Life with ACC continues and just because it is the so called "Festive" season doesn't mean they have a rest.

For those of you who remember I live Off Shore. I was in NZ in Sept for an IM and VA. The Dr who examined me made his report after 10 weeks and ACC wanted it amended / altered.

Well all has now been done. He has revisited his initial report and added to it. I believe it is in the mail to me now.

Anyway, the upshot of all this is I now have the choice of returning to NZ for 3 mths while they work me for 4 hrs per day and administer an Activity based Pain Management Exercise program!!!!!!!!!!!! (I guess this is to be done by that wonderful chap in Auckland with all the fancy equipment that ACC have paid for Mr Bob Sellars!!!) or stay where I am and do the same here at my own cost.


If I stay put and my work hrs have not increased by to 7hrs per day by 26th March 2004 then I would have no choice but to return to NZ.

At the end of Rehab I will be required to return to NZ anyway and have another VIA


If I return to NZ for all this they will pay my transport to the appointments but not my accomodation for 3 mths and of course I have to pay my own airfares. Maybe I can go by boat and it will take longer???

I await your comments and input which I have always found helpful.

Stumpy

An article and photo of Robert (Bob) SellarsFCE Systems and various company names he and his partner Maureen O'Neil have operated.

http://www.nzherald....objectid=165789