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FCE

#21 User is offline   MG 

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Posted 13 May 2009 - 08:59 PM

ACC can only require someone to undergo an assessment when it is "reasonable" for them to do so - see section 72(1) of the IPRCA. ACC frequently omits the word "reasonable" whenever it cites section 72(1) or otherwise demands that claimants attend assessments, including FCEs. Claimants faced with these threats from ACC should immediately lodge Code complaints, as ACC is obliged to correctly inform claimants of their responsibilities and obligations under the IPRCA. In addition, ACC has the onus of proving that any of its demands are "reasonable" - frequently it is unable to do so, even in front of some of the most ACC-friendly of its "independent" reviewers from DRSL, the company it owns to conduct "independent" reviews of its decisions. Claimants should copy their Code complaints to the Minister for ACC, in Parliament, making sure that they name the person responsible for issuing unlawful threats. After a few months of this, we can lodge OIA requests of the Minister's office, asking which ACC staff members received the most Code, or Ministerial, complaints and then ask why those staff members are still employed by ACC.
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#22 User is offline   Sparrow 

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Posted 13 May 2009 - 09:04 PM

Good one MG.
Thanks for that info.

Always complain in writing, never ring them up.
Reasonable huh? Threats are not reasonable Scared!
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#23 User is offline   scared 

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Posted 14 May 2009 - 08:15 AM

So basically if I copy the whole email letter and IRP and send it to the complaints office? and who else? I guess we should wait and talk to the GP first??
Step by step I really need instructions cause my head is just spinning on this. I do not want to see my Hubby in anymore pain. With winter here it has justt gotten worse and worse and the stress doesn't help.
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#24 User is offline   MG 

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Posted 14 May 2009 - 11:56 AM

Scared - just write to "The Chief Investigator, Office of the Complaints Investigator, ACC, PO Box 242, Wellington" and say, in plain words, what the ACC staff member did or said to you. No need to copy and attach documents from ACC because the Investigator will already have access to them. Tell the Investigator, in writing, that you only want to deal with them in writing and not to contact you by phone. Use email if you like. When the Investigator issues their decision on your complaint, take it to review if you don't like anything in it.
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#25 User is offline   scared 

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Posted 15 May 2009 - 08:39 AM

But is this a valid complaint really? Or is it just our perspective becasue of being hassled and brow-beaten by ACC for so long.
I mean? the cm is stating a fact isn't she? If we do not do what she says when she says as far as assesments are concerned then seh can cut him off erc?
Because isn't this jsut a typical statement found in alot of our ACC documentation?
"FUNCTIONAL CAPACITY EVALUATION
This is an assessment of a personís ability to reliably and safely sustain physical performance in
response to a range of physical demands.
Please note that as you are receiving weekly compensation, you are obliged to undergo an
assessment when ACC asks you to do so. ACC is able to decline to pay weekly compensation if
a person unreasonably refuses to take part in these assessments, or otherwise does not attend
assessments. It is considered appropriate for assessments and or treatment to be undertaken
concurrently"
I don't want to lodge a complaint and have my Hubby get even more hassled, the mental stress of all this is really harmful, as you all know!!
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#26 User is offline   Jay40 

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Posted 15 May 2009 - 09:46 AM

Hi all, I am very sure that the Ombudsman in 2003 gave us the right to refuse the FCE. and that we are fully entitled to refuse, without penalty.

Do search on FCE within our site'

Jay40
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#27 User is offline   Fighter for Justice 

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Posted 15 May 2009 - 10:17 AM

Scared, your husband is just one of many claimants being "informed of their responsibilities to attend varying types of assessments required by ACC - sometimes under Deemed Individual Rehabilitation Plans". I think MG is correct and you/husband should lodge a code complaint etc (as per MG's suggestions) - as otherwise I think you will soon find your husband on the exit path anyway.
JAY40's advice is sound: I believe Ombudsman gave claimants the ability to refuse to undergo FCE - a while ago.
Perhaps, asking Case Manager in writing (after getting restrictions from GP in letter) if putting your husband through this FCE is "reasonable" under Section 72 (1).

Despite 2 Reports stating unfit for 35 hours weekly work - ACC putting me thruIOA/IMA on Deemed IRP. My IRP will be reviewed.
I believe ACC is trying to exit many long term claimants.
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#28 User is offline   MG 

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Posted 15 May 2009 - 11:49 AM

Scared - if you don't think your complaint is valid, don't lodge it with ACC or take up our time any more. We've given you our take on what you've written and suggested remedies. Over to you.
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#29 User is offline   Sparrow 

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Posted 15 May 2009 - 04:52 PM

Scared, don't let the stress get to you.
It seems the browbeating has finally left you feeling defenceless.
Just take time to think of the good work you have done in the past.
ACC know perfectly well your hubby is totally unfit for any work. you know that and so does his GP.
First of all get GP to write a note to say that he is not to do FCE and it would be detrimental to his health.

As MG has said ACC have to act reasonably. they are asking you to do the same.
Get your letter in to COmplaints SAP. Name and shame the CM. Dont be scared of rebuttal. They are going beyond RESONABLENESS>
Yes ACC can ask for an assessment.They have to give you a list of choices.
You can demand the Assessor of your choice.
you can demand the reason for this sudden assessment. It is all LTC's are being targetted, but they have to act within the claimant code of rights.
Get your complaint off to OCI and quote the code of rights. They have breached it. They are not keeping you informed, treating you with dignity and respect and are using bullyboy tactics and harassment.
What could be worse an d you dont want to complain! GO girl, you have done great in the past. dont let them get you now after all that has been achieved in the past!!!!!

Have you a recent Specialist report. IT is essential to have one!!!
Unfortunaltely there has been a ruling that the Ombudsman cant rule FCE illegal. so ACC are going for it .
It is an east way for someone to tell lies and get paid for it. Can you go along with that?
Also get GP to note hubby's RESTRICTIONS and the FCE Cannot force him to lift if GP says NO!!!!!
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#30 User is offline   Huggy 

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Posted 15 May 2009 - 05:09 PM

Sparrow what ruling has come out since the Ombudsman that says ACC can make you go to FCE??????
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#31 User is offline   Easyrider 

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Posted 15 May 2009 - 05:39 PM

View PostHuggy, on May 15 2009, 05:09 PM, said:

Sparrow what ruling has come out since the Ombudsman that says ACC can make you go to FCE??????


Ask ACC to supply you with a copy of the FCE format and what tasks it involves, so you can ask your GP what of the tasks he will clear the claimaint to do.
ACC do have a copy of this as it was supplied to me.
Make sure your ARC 18 is up to date, on the restrictions that can be undertaken.
Make sure the assessor is given a copy of your ARC 18, and a letter from your GP stating what activities he clears your husband to do.
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#32 User is offline   Sparrow 

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Posted 15 May 2009 - 11:07 PM

Easy rider, good post.
A lesson to all. GET YOUR IRP UPDATED.
IT should contain:
Full list of injuries going back to the start
include the claim numbers

Full and correct DIAGNOSIS('s)

Full list of restrictions This is really important as i have stressed earlier.
If you are forced to FCE. present your restrictions and WALK OUT if they insist you participate in something like lifting an d GP says no!
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#33 User is offline   Sparrow 

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Posted 15 May 2009 - 11:13 PM

"Sparrow what ruling has come out since the Ombudsman that says ACC can make you go to FCE?????? "

A ruling has been made that that Ombudsman decree ONLY APPLIED TO THAT PERSON WHO COMPLAINED.
therefore everyone better complain to the Ombudsman and make him sit up and see that there is a problem here.
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#34 User is offline   Huggy 

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Posted 16 May 2009 - 08:51 AM

But the letter from the ombudsman is clear and specific that he was going to be telling ACC that it affect all claimants.
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#35 User is offline   scared 

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Posted 16 May 2009 - 09:31 AM

Well I''ll be darned - you guys are good. I just re-looked at this IRP and guess what - no restrictions are on it????
I guess I was so stressed I didn't even click on to this? Have the appointment with GP for Monday and once we have spoken to her I will send my letter off to the complaints department. YOu are right - it can't get better unless I get my steel back in my spine.
I will send off the original draft and my response to CM, as well as this recent IRP and details.
Yep out to get the long termer's big-time aye!!!
Thank you Thank You Thank You
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#36 User is offline   Easyrider 

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Posted 16 May 2009 - 09:38 AM

View PostSparrow, on May 15 2009, 11:07 PM, said:

Easy rider, good post.
A lesson to all. GET YOUR IRP UPDATED.
IT should contain:
Full list of injuries going back to the start
include the claim numbers

Full and correct DIAGNOSIS('s)

Full list of restrictions This is really important as i have stressed earlier.
If you are forced to FCE. present your restrictions and WALK OUT if they insist you participate in something like lifting an d GP says no!


You never walk out of a FCE they will cut you off, you take your GPs phone number with you.
You tell the assessor to ring your GP, and get the GP to tell the assessor you are not allowed to do the activity he wants you to do.
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#37 User is offline   Easyrider 

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Posted 16 May 2009 - 09:41 AM

Huggy That letter don't mean squat.
I got cut off, and took 6 months to get reinstated.
And got no back up from that office.

Just make sure you have all the restrictions in place.
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#38 User is offline   Sparrow 

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Posted 16 May 2009 - 11:09 AM

The Waiver that the FCE outfit force you to sign is in breach of your Human Rights as it signs away all your rights. If you are injured by these toads, then you have signed that they are not liable.
So I think it is time that we approach the Human rights Commission regarding this.

Also ACC won at Review over a lady putting "signed under duress" on the waiver form. ACC cut her off as she was sent away from FCE> Lost a Review.
This is a serious issue an d ACC will use it in all LTC's to try an d prove they are lying.
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#39 User is offline   scared 

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Posted 16 May 2009 - 11:20 AM

Yep - going to borrow a video camera for this one!!! I saw what they put him thru before and the pain he was in after being flipped this way and that. Ahhh well, like I said, here we go again aye!!! But forewarned is forearmed. Thanks for the extra strength and strong words Sparrow - I needed that kick up the @
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#40 User is offline   Easyrider 

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Posted 16 May 2009 - 12:03 PM

Make sure you tell ACC in writing that you will be recording the assessment.

Then it is up to ACC to pass that on to the assessor. Take a copy of the letter with you to the assessment.
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