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Sec 103 Test Of Incapacity And The Ima

#21 User is offline   Alan Thomas 

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Posted 02 May 2007 - 11:23 PM

Greg

The short answer is that the report would be deficient.

The question is how would you know the report was deficient if you waited until after the ACC made a decision? How would you challenge the report if you could not get the reviewer into the review hearing and ask questions whether or not they knew this or that? I have seen cases where the ACC have sworn black and low they had given relevant information to the reviewer but perhaps the reviewer just decided that the information was irrelevant in both reviewers and district court judges have accepted on balance of probability that the assessor would not do their job wrong.

My motto is to nip problems in the bud even if it means suspension while the problem can still be won easily.
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#22 User is offline   flowers 

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Posted 03 May 2007 - 08:49 AM

More evidence of systematic Illegal practice by ACC.
Greg: We learn a lot of nothing helpfull from ACC......But we learn a lot from the Forum.
I believe it is time to call a Judicial enquiry into the operations, mangement, and practices Of ACC relating to their administration of the accident and rehabilitation act, and that enquiry to make reccomendations as to what prosecutions and reparations should be made i to claimants who have been dissadvantaged by any Illegal practices uncovered.
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#23 Guest_mini_*

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Posted 03 May 2007 - 09:55 AM

Hi Greg

You got it right, but it was a non covered impairment. Like genetic or virual or whatever they like to call it.

This does not get taken into consideration unless it is used against you.

It cannot be used against me as it never has caused me to have a single day off work in the past, when I was working fulltime. So it was not taken into consideration for ACC but will be taken into consideration for WINZ, as it means I need my car etc.

This is one of the reasons I have had to fight so hard for my w/compo as nearly everything got blamed on this condition, until I received my IA for 'covered' injury.

The IA showed clearly that I had more problems from the 'covered injurys' than I have had with the genetic impairment.

I worked for many years with that impairment for the same employer, and it didn't interfere with my work. ACC cannot use it against me, as it is not progressing.

Cross fingers and wish me luck that it stays that way!!
Notice I said 'other disability' in my previous posting. (Not covered injury)

Cheers Mini
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#24 User is offline   doppelganger 

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Posted 03 May 2007 - 07:11 PM

If you look at My Judgement you will see that there is another injury. this injury has no incapacity or casued any incapacity. The Judge does not even know what the injury is, but he says that it is causing an incapacity. The injury is a laseration to the upper leg. due to it wouldn;t stop bleeding I got it seen to. 2 or 3 stichers and sent home . lay around for a day (Sunday) and went back and completed the job during the next week as if the accident never happened. Five years after it happened and no measureable incapacity the Judge with out medical information (unless you consider the ACC paid Lawyer ) come to the conclusion that this injury is causin the incapacity.

as we did not apply for a review or ACC had made a decsion about this injury causing a incapacity, had the injury medical examined, there was no arguement on the ACC lawyers statement.

So its important that the Injuries are completed in full. that is the injury causing the incapacity.
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