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Requesting advice from fellow Cantabrians FCE & OP's

#1 User is offline   cloudsurfing 

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Posted 18 March 2009 - 12:00 PM

Hello

Im on the exit road out of ACC ( :blink: again) been working quiet happily away as a part timer with top ups. New case manager etc and heres that ugly road again.

So my question is to the folk of CHRISTCHURCH, who are my best options of the list for.

The Functional Capacity Evaluation
ACC have said it will be done by FCE Systems likely Robert Sellars. (Was told not asked)

Occupational Physicians my choices are
Turner, Dr. Martin Robb and Dr. M. Antoniadis

Would really welcome anything constructive you have to say, the sooner the better,

Cheers
:)
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#2 User is offline   ruralkiwi 

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Posted 18 March 2009 - 12:15 PM

I am not sure whether they are allowed to do Functional Capacity Evaluations anymore. Suggest you pm fairgo or mg
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#3 User is offline   i love chocolate 

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Posted 18 March 2009 - 12:33 PM

I agree with Rurualkiwi - I also though that these assessments were stopped a long time ago (more than 2 years). I know of several people put through this horrendous process and many were injured and a couple of people went to hospital as a result of the FCE tests.

My suggestion would be to speak with your doctor as well as RK's suggestion of contacting Fairgo & MG.

Let us know how you get on.
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#4 User is offline   scared 

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Posted 18 March 2009 - 01:03 PM

AN FCE was listed on the last partially filled out IRP we were sent. So yes they are still doing it. Since IRP was not filled out correctly we did not sign on the advice of others on the forum. The FCE was to be run in conjunction with seeing a speciallist about his injuries (again). Funny how they were to be done at the same time aye.
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#5 User is offline   Gloria Mitchell 

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Posted 18 March 2009 - 02:01 PM

There is a decision available that shows they cannot insist on an FCE.

You can always write a new IRP and present it as an update.....write it yourself and have the Dr cosign it. Don't include the assessments.

Gloria.
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#6 User is offline   Fighter for Justice 

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Posted 18 March 2009 - 04:54 PM

Do not go to either Dr Bill Turner or Dr Martin Robb (Workwise, Christchurch). ACC sent me to Dr Turner (I was given no choice of Doctor, despite many requests) in late 2004. Dr Turner's Report said could not relate present symptoms to my injuries. ACC sent Dr Turner's Report to Dr Martin Robb (and another Doctor I believe) at Workwise, Christchurch without my knowledge or consent. Within 3 weeks I was informed that my ERC was going to be cut very shortly.
I reviewed this Decision in 2005 and lost. On Appeal to the District Court in July 2008 I won. There are several cases on the District Court or ACC website quoting Dr Turner - including Thirring v ACC in July 2008. I have not seen Dr Antontiadis. If you are forced to go to Dr Turner I strongly suggest taking a support person and a camcorder and MP3 player. I would also speak to some of the support groups for advice and further information. I believe current case law entitles you to video and/or audiotape medical appointments.
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#7 User is offline   Sparrow 

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Posted 18 March 2009 - 05:03 PM

contact Acclaim Canty. We have a monthly meeting on Thurs MArch 26th, 7.30pm. Disabled persons Ctre 314 worcester Street Christchurch.
Phone 021 1233420 for info.

You do not have to do the FCE and they cannot make you.
Dr Turner and the others on your list are as bad as each other. There is a list avaialble but if it is VIA there isnt much choice. Turners reports have been rubbished a lot lately in court.

Robert
Sellars has made alot of money out of rubbish!
good luck
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Posted 18 March 2009 - 07:42 PM

Deffinately contact acclaim canty for advice.
I would avoid Turner & Antoniadis......not accurate reports at all.
I also sugges whomever you go and see:
- Take a support person AND audio record the assessment.
- If time write a brief history, treatment & medications, current symptoms & adverse affects of injury & how it currently affects your life etc etc. Hand this to them in writing on the day so it makes it harder for them to ignore points you want taken into consideration........as they are so good at doing/ignoring what you say at appointment.
I thought they still did FCE's - if asked to sign a waiver form before FCE ensure you read it carefully and cross out anything you don't like eg: FCE may increase pain or cause further injury etc.
Good luck & keep us posted
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#9 User is offline   Huggy 

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Posted 18 March 2009 - 08:24 PM

This is what the ombudsman has said at the end of a ruling:

Based on these conclusions, I have recommended that the Corporation

- apologise to you for requiring you to undertake the FCE;
- refrain from requiring claimants to undergo FCE's as part of an assesment of capacity to work or vocational independance;
- revise its procedure so as to make it clear to claimants that they are fully entitled to refuse without penalty of any kind to undertake exercises or tests in the course of FCE's if they consider that those exercises or test may be unsafe or undesirable or may carry the risk of re-injury or may increase the claimants pain level.


PM me if you want a copy of the ruling.
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#10 User is offline   MINI 

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Posted 19 March 2009 - 08:03 AM

OK this isthe North but here goes anyway.

INteresting points the Judge made Huggy. It would be, could be valuable information to have online.

However, I was particularly thinking of the employer that runs the FCE, don't they run the risk of going against OSH health & safety regulations. Ring them for the informaion or even request it under the Official Information Act.

If employers can use this against you to get you out of a job, it must be able to be used to stop you from being put into unsafe situations. After all it is there to stop any more injury.

Mini from North
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#11 User is offline   Sparrow 

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Posted 19 March 2009 - 11:39 AM

A claimant was sent there under force and threat of exit. This person was given a form to fill in and sign. It contained the wording that if any injury follows the FCE proceedure that the company will not be liable.

The person refused to sign so they were again threatened. Well, the claimant then signed but put SIGNED UNDER DURESS in big letters The whole thing was called off immediately.
See, it is dangerous to the health and they cannot force you NOT to sign "under duress".
If all else fails, turn up with a letter from GP to say that is could be endangering your health and then sign "under duress" wording and it will be called off hopefully.
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#12 User is offline   MINI 

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Posted 19 March 2009 - 01:01 PM

Sparrow

What a bloody farce. It is not the employer that has to live with the extra injury.

Someone should send this form off to the OSH people!! It is total madness!

Your right CP to the rescue. This person will be put in harms way by attempting such and such!!!

Wonder how many people have signed the form because they dont know any better and are breaking gut to get back to some form of work.

Good luck

Mini
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#13 User is offline   gabby 

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Posted 19 March 2009 - 02:44 PM

View Postcloudsurfing, on Mar 18 2009, 01:00 PM, said:

Hello

Im on the exit road out of ACC ( :blink: again) been working quiet happily away as a part timer with top ups. New case manager etc and heres that ugly road again.

So my question is to the folk of CHRISTCHURCH, who are my best options of the list for.

The Functional Capacity Evaluation
ACC have said it will be done by FCE Systems likely Robert Sellars. (Was told not asked)

Occupational Physicians my choices are
Turner, Dr. Martin Robb and Dr. M. Antoniadis

Would really welcome anything constructive you have to say, the sooner the better,

Cheers
:)

hi there if in chch stay clear of a jorgen schousboe..he exited me on a v.i.m.a. and told me at the assessment i would be loosing my erc..a man who will tell porkys to justify his findings and a favourite toadie of the acc,a very dangerous man.
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