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OCI Complaints Against ACC Assessors The OCI Must Investigate

#1 User is offline   Huggy 

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Posted 05 May 2009 - 06:43 PM

Got a review decision today. It was a code of claimants rights review.

The OCI refused to investigate a complaint i lodged against one of its assessors Dr Du Plessis.

The matter went to review, it was argued that ACC must investigate complaints against NON TREATING Dr's.

ACC were not allowed to attend the review via teleconference as we quoted P and Gail v ACC. Less than 24 hours before the review was to take place ACC asked for an adjournment, they asked for this adjournment after realising that the directive from DRSL to attend in person was not a joke. After arguing the fact that ACC had weeks to organise to send a representitive to attend the review but refused to do so ACC were kicked off the phone and the review proceeded without ACC being present.

Anyway the decision came back today and is clear that ACC must investigate complaints against its non treating Dr's.

This is a major victory. If persons have to attend ACC's assessor and this assessor is non treating then you have rights to complain to the OCI. If you are not happy with the findings of the OCI you can review their decision.

If anybody needs a copy of the review to produce at a review if ACC are refusing to investigate a complaint let me know and i will send it on.

I know review decisions are not binding, however the review is very detailed and if it needs to be re produced at reviews to get the point across then so be it.
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#2 User is offline   doppelganger 

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Posted 05 May 2009 - 06:49 PM

they probably read the 43 pages and forgot what was in 40 of them so could not find anything wrong.
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#3 User is offline   DARRELLGEMMA 

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  Posted 05 May 2009 - 08:04 PM

View PostHuggy, on May 5 2009, 06:43 PM, said:

Got a review decision today. It was a code of claimants rights review.

The OCI refused to investigate a complaint i lodged against one of its assessors Dr Du Plessis.

The matter went to review, it was argued that ACC must investigate complaints against NON TREATING Dr's.

ACC were not allowed to attend the review via teleconference as we quoted P and Gail v ACC. Less than 24 hours before the review was to take place ACC asked for an adjournment, they asked for this adjournment after realising that the directive from DRSL to attend in person was not a joke. After arguing the fact that ACC had weeks to organise to send a representitive to attend the review but refused to do so ACC were kicked off the phone and the review proceeded without ACC being present.

Anyway the decision came back today and is clear that ACC must investigate complaints against its non treating Dr's.

This is a major victory. If persons have to attend ACC's dodgy assessor and this assessor is non treating then you have rights to complain to the OCI. If you are not happy with the findings of the OCI you can review their decision.

If anybody needs a copy of the review to produce at a review if ACC are refusing to investigate a complaint let me know and i will send it on.

I know review decisions are not binding, however the review is very detailed and if it needs to be re produced at reviews to get the point across then so be it.

Hi Huggy my name is Darrell Pearce. I want to first of all congratulate you on your big win at review. I have a complaint at the moment with the oci. I do however agree with you that review decisions are not binding. Perhaps decisions made by the judges in the acc appeal environment are also not legally binding when cases could end up at the high court or even the court of appeal. Could you please post me a copy of your review decision please. If it does go to review then i could possibly use your review decision as an example. My address is darrell pearce flat1/40a belt road central new plymouth 4310.
Kind Regards
Darrell Pearce
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#4 User is offline   Tattoo 

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Posted 05 May 2009 - 09:31 PM

Well done Huggy :)
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#5 User is offline   Sparrow 

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Posted 05 May 2009 - 09:49 PM

great Huggy!
I just hope that everyone who is not happy with their ACC assessor and the report takes your lead and goes to complaints.
EVERYONE must lodge a complaint.
What a victory huggy!
I would love a copy of the decision.
Who is the Reviewer????????
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#6 User is offline   rivercity 

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  Posted 05 May 2009 - 10:03 PM

View PostHuggy, on May 5 2009, 06:43 PM, said:

Got a review decision today. It was a code of claimants rights review.

The OCI refused to investigate a complaint i lodged against one of its assessors Dr Du Plessis.

The matter went to review, it was argued that ACC must investigate complaints against NON TREATING Dr's.

ACC were not allowed to attend the review via teleconference as we quoted P and Gail v ACC. Less than 24 hours before the review was to take place ACC asked for an adjournment, they asked for this adjournment after realising that the directive from DRSL to attend in person was not a joke. After arguing the fact that ACC had weeks to organise to send a representitive to attend the review but refused to do so ACC were kicked off the phone and the review proceeded without ACC being present.

Anyway the decision came back today and is clear that ACC must investigate complaints against its non treating Dr's.

This is a major victory. If persons have to attend ACC's dodgy assessor and this assessor is non treating then you have rights to complain to the OCI. If you are not happy with the findings of the OCI you can review their decision.

If anybody needs a copy of the review to produce at a review if ACC are refusing to investigate a complaint let me know and i will send it on.




I know review decisions are not binding, however the review is very detailed and if it needs to be re produced at reviews to get the point across then so be it.

yes please I would love a copy how do I give my address private thanks rivercity.
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#7 User is offline   MINI 

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Posted 06 May 2009 - 10:15 AM

Huggy

I used a review decision of another claimant at my appeal. The Juge had something to say on it but got the meaning of the Review completely screwed. I am hoping that the lawyer involved will give me a written affidavit to that effect to the High Court. So they are regonised by the courts.

Cheers |Mini
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#8 User is offline   Tattoo 

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Posted 06 May 2009 - 11:01 AM

You won't need a copy of the review decision. What Huggy's victory does is indicate the thinking of the reviewers in relation to contracted providers being subject to the Code of Rights. This is helpful because review decisions on complaints cannot be subject to review to the District Court, so no Case Law on it.

By contracted providers I include OT's, occupational assessors etc. OT's are notorious for telling claimants ACC do not provide certain entitlements so don't recommend these even though the claimant needs the services. The effect of this propaganda is that is saves ACC having to make a decision whether or not to provide the an entitlement. For example, if an ACC-contracted OT tells you ACC do not provide heat pumps then that is incorrect information and a breach of the Code. Therefore, it can be subject to a complaint. If the contracted providers start getting pulled up for breaches of the code they may think twice before doing ACC's bidding and spreading misinformation about what ACC can and can't provide.
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#9 User is offline   Sparrow 

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Posted 06 May 2009 - 11:35 AM

you are so right Tatoo.
I was told by an OT that ACC are not repsonsible for heating anyone's house therefore I have to supply my own heat pump.
She had the cheek to say that ACC wont give me one and I will have to go to Review.
I asked CM for another assessment as this one had been swayed by personal ideas and not the facts before her. Huh, ignore ignore.
Well, review, huh, where is the decision eh/?
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#10 User is offline   Fighter for Justice 

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Posted 06 May 2009 - 01:24 PM

Congratulations Huggy, I personally never bothered to complain about a particular Doctor ACC sent me to in late 2004. I did put my complaints in writing to ACC and received a reply (I believe from Alison Maloney) stating that the Doctor's nurse was just lifting my t-shirt up when she accidently touched side of my chest!. It is good that ACC now have to investigate complaints about Doctors they send claimants too. Will claimants also be able to complain to ACC about Occupational Therapists and others etc?
It is my belief that we should be able to complain directly to the Medical Council etc - however they refuse to take complaints directly from people - if complaints have not been through Health and Disability Commissioner first. I believe the Health and Disability Commissioner is largely a whitewash in many cases.
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#11 User is offline   jocko 

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Posted 11 May 2009 - 11:21 AM

ACC is in huge legal trouble over the assessment regime. Huge legal trouble. The thing to do now is for EVERYONE to lodge a complaint against their particular, non treating, document with intent to defraud producing, ACC INDEPENDENT MEDICAL ASSESSOR. Independent? If you won this review then there is way, way more behind it than what appears to be on the surface. Is ACC appealing the decision so Beattie can change it to suit them?
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#12 User is offline   Huggy 

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Posted 11 May 2009 - 11:49 AM

Jocko ACC cant appeal the decision. Its a code complaint and like us clients ACC cannot appeal code complaint decisions.
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#13 User is offline   DARRELLGEMMA 

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  Posted 11 May 2009 - 01:03 PM

View PostHuggy, on May 11 2009, 11:49 AM, said:

Jocko ACC cant appeal the decision. Its a code complaint and like us clients ACC cannot appeal code complaint decisions.

Hi Huggy it is Darrell here. You are absolutely right the acc cannot appeal code of claimants rights decisions that go against acc at review all the time.
Kind Regards
Darrell Pearce.
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#14 User is offline   doppelganger 

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Posted 11 May 2009 - 01:07 PM

Jocko I take the point. Reviewer want to put the blame of there bad decisions on to the Doctors.

I are one who will be telling the ACC OIC to investigate the Dr and report that was requested in 2007, but this time the ACC claim management team including OIC is in the sh**. The ACC instead of wanting to establish what are the injuries as a consequence of the accident the ACC wanted to have a document claiming that they do not have enough information to supply entitlements under section 117. This is all with out issuing a decision.

I see fraud big time and that the staff from bottom to top are all completing it. (including the OIC)
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