Posted 30 April 2007 - 05:12 PM
Read the Armstrong report. The Judges aren't interested in competing medical reports after ACC makes its decision. The time to object to ACC's assessments, and provide your own expert evidence, is before ACC decides you are vocationally independent. This is why, when ACC tells you that you must attend their assessments, you must ask, in writing, for a copy of the assessment before ACC takes the next step (and refers the assessment to its next assessor). You should then read the assessment closely and, if you disagree with it, write to ACC requesting correction of personal information. You should provide copies of the assessment to your treating doctors and ask them for a brief report on whether the assessment takes account of the effects of your injuries (ie pain condition and any unmet treatment needs). Be prepared to pay for these but send ACC copies of the invoices, along with the reports themselves, and ask them to reimburse you. Tell ACC you want copies of all correspondence between it and your treating doctors. Instruct your treating doctors not to talk to ACC over the phone (no "briefings" allowed) and to send you copies of all correspondence from them to ACC. Put all these documents in your ACC files, clearly marked so that when you go to review your evidence trail resembles ACC's but from the other side of the coin. If ACC gets reports from your doctors before it exits you and doesn't refer them to its assessors, it commits an error of law (failure to take relevant matters into account and, possibly, breach of legitimate expectation by you that it will treat you fairly). The way is then clear for you to go all the way to the High Court, if you need to. ACC will then be on notice that it can't shaft you as easily as it does to most other claimants and may shift to easier targets. If it does buy a fight, your chances of winning are higher. It is very important you do not sign any IRP that says you agree rehabilitation is complete and it is OK for ACC to refer you to the vocational rehabilitation process. Wait for ACC to issue its deeming decision, lodge your application for review, and ask for mediation.