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ACC Wanganui Ann Morgan telling Doctor she wants someone cleared fo work acc influence over doctors

#1 User is offline   rivercity 

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  Posted 04 May 2009 - 02:10 PM

Is it legal for Ann Morgan Case Manager of Wanganui Office to ring a Doctor and tell him she wants the patient cleared to work. Has anyone has this type of thing happen to them.
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#2 User is offline   doppelganger 

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Posted 04 May 2009 - 03:25 PM

have you got that in writing or recorded

If not then nothing can be done. Suggest that you think what ACC is trying to do. No good in here with out proof as nothing can be done.
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#3 User is offline   Fighter for Justice 

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Posted 04 May 2009 - 03:57 PM

Hi, I suggest: contact Doctor (GP?) getting them to confirm in writing: who contacted them, what was discussed/asked of them e.g. clear claimant for work, and the date/time. A good doctor should do this for you. But any Doctor should be keeping notes of all accepting/releasing of information regarding you and the Privacy Act should cover this. Some GP's do not keep notes of some communications - I know of a Christchurch GP (not my own GP) who accepted/released information to a third party without consent. Until asked explictly regarding this third party - the GP failed to inform patient of this communication. I know of at least one (maybe two) further conversations between this GP and same third party - again without consent.
If you get most of the above information - you should then be able to start complaints to: Health and Disability Commissioner, Privacy Commissioner, Human Rights?? and possibly ACC!
I do not believe it is legal for ACC staff etc to contact Doctors to ask! them to clear claimants for work. I am aware that this has been happening for a long time in Christchurch - say approximately 20 odd years.
Good luck.
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#4 User is offline   rivercity 

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  Posted 04 May 2009 - 10:46 PM

View PostFighter for Justice, on May 4 2009, 03:57 PM, said:

Hi, I suggest: contact Doctor (GP?) getting them to confirm in writing: who contacted them, what was discussed/asked of them e.g. clear claimant for work, and the date/time. A good doctor should do this for you. But any Doctor should be keeping notes of all accepting/releasing of information regarding you and the Privacy Act should cover this. Some GP's do not keep notes of some communications - I know of a Christchurch GP (not my own GP) who accepted/released information to a third party without consent. Until asked explictly regarding this third party - the GP failed to inform patient of this communication. I know of at least one (maybe two) further conversations between this GP and same third party - again without consent.
If you get most of the above information - you should then be able to start complaints to: Health and Disability Commissioner, Privacy Commissioner, Human Rights?? and possibly ACC!
I do not believe it is legal for ACC staff etc to contact Doctors to ask! them to clear claimants for work. I am aware that this has been happening for a long time in Christchurch - say approximately 20 odd years.
Good luck.


Yes this is in writing, who do we complain to.
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#5 User is offline   Sparrow 

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Posted 04 May 2009 - 11:12 PM

You can lodge a complaint under the Claimant code of rights to ACC complaints. You can say that "your right to be informed and effective communication" has been breached.
ACC cannot dictate to a GP. However, some GP's have been threatened and they are scared.
YOur GP must be spoken to about this and you must ask what did he say to ACC?
ACC are not taking any notice of a GP.
YOur best plan is to get another specialist report in your favour and have it as your secret weapon.

Should your GP clear you to work and you have another injury, then ACC and he are liable.

You can ask Gp what is going to happen if you get to work and then break down for injury. Who is liable???
OSH rules come in here, not that they are much good to you either!
The Privacy act is not taken any notice of by ACC and you also will have signed your rights away on an ACC consent form??? ACC 67#
Did you put on a rider that ACC are to inform you every time they require info. Also did you tell GP to inform you every time ACC seek information and that you have the right to clear it???
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#6 User is offline   Fighter for Justice 

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Posted 05 May 2009 - 07:07 AM

Sparrow, ACC without a signed consent form - have released information to person referrring me to for IOA - all done before I knew about it. ACC also ignoring my written comments to them regarding some of this information. In my opinion ACC do not always listen to restrictions on consent forms (they should!). Sparrow is correct - you have probably signed away some (but maybe not all) of your privacy rights by signing either ACC2 or ACC167 forms. I would still complain to the Privacy Commissioner - as there must be some limits put on ACC's activities. My other suggestions still stand - as you have not been treated with respect and dignity etc under Health and Disability Code of Consumers Rights (I think that is the name)!
An Alternative Consent Form is available for downloading somewhere on this forum - ACC might accept it!.
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#7 User is offline   Sparrow 

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Posted 05 May 2009 - 12:23 PM

fighter, you are well out of date. acc do no longer accept the supplementary sheet that was sent with the consent form ACC 167.
They also are refusing to accept the consent forms endorsed but I recommend that folks continue to add their rider to the consent that ACC" must at all times inform me if they require ANY information."
the PRivacy comissioner has no teeth and is totally useles..
Rivercity must contact GP and find out what info was sent and also be assured that GP told ACC that they are not there to obey a case manager but are carrying out their work and are professionally qualified to do so.
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#8 User is offline   Alan Thomas 

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Posted 05 May 2009 - 12:58 PM

The proper way to handle this problem is to write a letter to the doctor expressly forbidding the doctor from releasing any of your information to any other party including the ACC. If the doctor was to release such information he/she would be struck off.

Unfortunately many doctors are very naive and easily intimidated by the ACC. once the ACC is privatised there will be no possibility for a private company to seek information from your doctor, they would never dare.

In 1993 my doctor received an instruction from the ACC that he was not allowed to rate me as unfit for any kind of work. The ACC sent this letter to my doctor because they thought I was working.
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#9 User is offline   Sparrow 

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Posted 05 May 2009 - 06:18 PM

Tomo, you are completely wrong.
A GP is obliged under his contract to ACC to release information REGARDING THE INJURY to ACC.
YOu can inform the GP to put on your file that you must first be informed what info he is going to send ACC and be given the right to take a look at it and approve the info being sent. To say a Gp will be struck off is totally false and laughable.
Get your facts right.
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#10 User is offline   Alan Thomas 

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Posted 05 May 2009 - 07:03 PM

Sparrow you are wrong!
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#11 User is offline   Sparrow 

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Posted 05 May 2009 - 09:58 PM

prove it and NOT by Tomo gobbledegook, but show me the legislation.

You cannot forbid a GP to give ACC medical information regarding your injury.
you can instruct th e GP to show you what he is sending to ACC and ask to peruse it and you can also ask for it to be ammended if you are not happy with the information.
You just need to read the Act to know that.
This is why you are in so much trouble, you do not understand the legislation and everything is according to the Tomo version. This gets you nowhere boy.


YOU ARE WRONG TOMO.
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#12 User is offline   doppelganger 

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Posted 06 May 2009 - 10:10 AM

The Legislation

Responsibilities of claimant
72 Responsibilities of claimant who receives entitlement
(1) A claimant who receives any entitlement must, when reasonably
required to do so by the Corporation,
(a) give the Corporation a certificate by a registered health
professional or treatment provider that deals with the
matters and contains the information that the Corporation
requires:
(B) give the Corporation any other relevant information that
the Corporation requires:
© authorise the Corporation to obtain medical and other
records that are or may be relevant to the claim:
(d) undergo assessment by a registered health professional
specified by the Corporation, at the Corporation's expense:
(e) undergo assessment, at the Corporation's expense:
(f) cooperate
with the Corporation in the development and
implementation of an individual rehabilitation plan:
(g) undergo assessment of present and likely capabilities
for the purposes of rehabilitation, at the Corporation's
expense:
(h) participate in rehabilitation.
(2) Every such claimant must give the Corporation a statement
in writing about any matters relating to the claimant's entitlement,
or continuing entitlement, to an entitlement that the Corporation
specifies, and must do so whenever the Corporation
requires such a statement.
(3) If the Corporation requires the claimant to do so, the claimant
must make the statement referred to in subsection (2) as a
statutory declaration or in a form supplied by the Corporation.
Compare: 1998 No 114 s 115

best idea is to write a letter explaining that ACC will be able to supply collect medical information to third parties once the third party is known and the reason for the release of the onformation. Just mention that there will be no delay in supplying entitlements as any assessment will need your approval of assessor.

Working with in the Act but not with in the Corporation policy.
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#13 User is offline   Alan Thomas 

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Posted 06 May 2009 - 11:27 AM

ACC is insurance. Insurance fraud can work both ways, either the claimant making a false claim or insurance company falsely declaiming the claim. In cases of medical diagnosis both parties will tend to argue their point in favour of themselves as far as medical science will allow them.

I have a disorder which resembles sarcoidosis. Sarcoidosis is another one of these umbrella terms which described a set of observable biological changes. I am affected by lymph nodes, lungs and skin.

Statistically sarcoidosis appearing spontaneously for a person of my background is probably around one in 100,000.

Statistically chemically induced sarcoidosis symptoms with the type of chemicals I have been improperly using in the workplace it is about one chance in 25.

The ACC45 form claim went on over two months ago describing an accident event whereby a large volume of the most dangerous type of chemicals known to cause this type of ailment was ingested into my lungs and I was treated by the North shore hospital. ACC waited more than two months before they started making enquiries for purposes of a gradual process injury.

It is quite appropriate that all relevant information is brought to the table. However as sarcoidosis normally occurs with black people it would be wrong for the ACC to enquire into my racial heritage. This is where the medical professionals could cross the line by providing information that is not medically appropriate to the insurance company in order to assist the ACC reduce the 1:100,000 odds to something more in their favour with the non-cause and effect type information.

It is perfectly appropriate for me to forbid all the medical professionals not to provide information that is not relevant to the insurance claim. It is for my treatment providers to carry out the diagnosis and give the insurance company in the results. It is not up to the insurance company to participate in any formal diagnosis, end of story. This is the law.
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