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HELP!!! Where do I go from here????

#1 User is offline   the phoenix 

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  Posted 30 June 2009 - 02:14 PM

I received a warning letter this via e-mail. My CM has ingorned all medical judgement made by my GP and the Auckland Limb Centre. She has completely reject a assessment by Dr Black and is continuing on her mery way to remove me at all cost. The lies are come thick and fast. My GP is total pissed and we have both had a meeting my local MP, Wayne Mapp over the weekend.

Read below. I have printed out complaint form and form to go to review.


This is the E-mail I received this morning.


Hello Jamie

ACC has received a fax from Dr Lauder requesting that ACC not make any further vocational or medical appointments for you until after you have seen Dr Tomlinson Surgeon September 09.

ACC is legislatively required to assess your work capacity and / or identify any further rehabilitaton once all your vocational rehabilitation has been completed. As your vocational rehabilitation is completed you are required to attend the medical assessment with Dr Antoniadis.

Attached is a warning letter of the consequence should you not attend your appointment with Dr Antoniadis. A copy will be posted to you today.

I will ring Dr Lauder today and discuss her fax and ACC's legislative requirements.

Regards

Marie Christie
Case Manager
ACC 18 Sale Street
Auckland CBD
ph 09 915 8256



Warning letter that came with the e-mail. There was no ACC logo on the letter head.



30 June 2009

North Shore City 0624
New Zealand

Warning letter

Dear Mr Spencer

ACC wrote to you 22 May 2005 informing you that you a new vocational independence medical assessment is required and you were given a choice of two assessors however you did not respond to this email. As you did not advise ACC of your choice of medical assessor ACC has chosen one for you and advised you via letter 23 June 2009, asking you to attend the vocational independence medical assessment with Dr Antoniadis 29 July 2009.

ACC has received a fax 29/06/09 from your GP Dr Lauder requesting that ACC not make any appointments for vocational assessment until after you have seen Dr Tomlinson Orthopaedic Surgeon 02/09/09. You have not made any direct contact with ACC to discuss this issue. (this not true, I told her I want this and my GP has inform her at least 3 times of this plus Auckland Limb centre has also stated this)
ACC is legislatively required to assess your work capacity when all vocational rehabilitation is completed. The vocational independence medical assessment will identify work capacity and any further rehabilitation requirements you may have. You are entitled to ongoing treatment assessments with your GP and Specialists and these do not in any way impact on the vocational independence assessment.

If you do not attend your vocational independence with Dr Antoniadis 29/07/09 ACC will not continue to provide weekly compensation entitlement.
This support will start again when ACC has received confirmation from the vocational independence medical assessor that you have attended your appointment. However, the payments will not be backdated.
I will ring Dr Lauder today to discuss her fax 29/06/09 and inform her of ACC’s legislative requirement to carry out the vocational independence medical assessment.
Please call me if you would like to talk to me about your claim.

Yours sincerely
Marie Christie
Case Manager
Telephone: 09 915 8256
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#2 User is offline   Alan Thomas 

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Posted 30 June 2009 - 02:53 PM

The Phoenix The best course of action is to comply with all demands on a without prejudice basis. You will need to be forearmed with all of your background facts as they relate to legislation. In your case ACC made a decision of permanent incapacity prior to your entering the workforce under the 1982 act. Despite the fact that you into the workforce and gain qualification your original injury deteriorated from and incapacity to work to something worse.

If the 1982 incapacity decision remains in force and then you have no obligation whatsoever to rehabilitate into a new occupation. However if you do generate any earnings ACC would be entitled to a discount of the earnings compensation.
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#3 User is offline   doppelganger 

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Posted 30 June 2009 - 03:19 PM

I am confused as to what is the date of your accident as the letter doesn't say but allan is claiming that it is under the 1982 Act.

If it is under the 1982 Act then section 117 can not apply.
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#4 User is offline   the phoenix 

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Posted 30 June 2009 - 03:24 PM

View Postdoppelganger, on Jun 30 2009, 03:19 PM, said:

I am confused as to what is the date of your accident as the letter doesn't say but allan is claiming that it is under the 1982 Act.

If it is under the 1982 Act then section 117 can not apply.



Yes I come under the 1982 act.
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#5 User is offline   doppelganger 

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Posted 30 June 2009 - 03:42 PM

so why are you goping to see the specialist? If ACC are disputing if an injury is covered then I will understand.
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#6 User is offline   Tattoo 

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Posted 30 June 2009 - 07:02 PM

Hi Phoenix
Firstly, re: Thomas' post - while it is a nice thought, it is pure fantasy that he would like you to believe because he is projecting afantasy he has about his own claim. Its bollocks. (and no Thomas, I have no intention in entering into a discussion about your fantasy). You would be well aware of this if you had undergone a permanent incapacity asessment under that legislation and it had been determined by ACC.



My experience is MP's or even the Minister of ACC are basically ineffective at stopping ACC, but I will be happy to be pleasantly surprised. ACC is responsible for implementing the legislation and issuing primary decision on entitlements and it isn't about to let an MP stop them.

Unfortnately, ACC can assess your vocational independence (ability to work 35 hours a week in suitable jobs) once it considers it has completed vocational rehabilitation that has been agreed to in the IRP (Section 110).

It is pretty difficult to stop ACC from carrying out the VIA process. It may be you have to go through it then challenge the decision that results from it.

Another possible strategy, and it depends on the circumstances, is to review the current IRP if ACC did not give the GP, or other treating medical practitioners an opportunity to participate in the preparation of the plan (clause 7 schedule 1 requirement). If you can undermine the IRP, and get it quashed (as a decision) then ACC can hardly claim to have completed the 'agreed rehab'. ;)

(Not guaranteed to work though,. but it gives them something else to think about)Note: the IRP is a decision once agreed or finalised, and a review application can be lodged within 3 months from the 'agreed dated' Otherwise its a late application and there is a step in getting the late application accepted.

Good luck with it.
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#7 User is offline   Gloria Mitchell 

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Posted 30 June 2009 - 07:26 PM

If it appears that you have to complete the assessment with Dr Antoniadis, then make sure you take a letter from your GP plus a copy of the gps fax to acc. Along with the other documentation in support of your claim.

You can say you are not sure why your case manager insists on this badly timed assessment. Antoniadis is bound by professional etiquette to take note of your gp's concerns.

Gloria
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#8 User is offline   fairgo 

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Posted 30 June 2009 - 09:14 PM

My first question would be "what vocational rehabilitation have you had?"
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#9 User is offline   jocko 

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Posted 30 June 2009 - 09:17 PM

By the powers I am sick Antoniadus. There must be some bloody way these bastards are hung up for the public to have a look at? From when this site began we have had assessments from this out and out criminal. The travelling gypsy roadshow for ACC. He comes down from the Korori medical centre to the coast and his exit numbers by now must be phenomenal. He travelled regularly to the Gold Coast Queensland to perform exits.
See how powerful they are? They are now ignoring the people who empowered them. They ignore MPs and tell Ministers what to do. Does the term "When reasonably requested to do so" mean nothing? Once again an ACC person demonstrates she is above the law as read and will abide only by the dictates of her masters. You are in Auckland and they have to use Antoniadus? This is such a blatantly criminal act it is unbelievable. Make sure you take a witness and tape it. Type out an affadavit stating you have told him you are unfit for any of the options put forward and make him sign it. Rehabiliation, Vocational Independence, What an absolute crock. Hang in mate. Plenty of people have beaten the greasy little snot so stand tall and keep your powder dry.
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#10 User is offline   the phoenix 

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Posted 30 June 2009 - 09:59 PM

Well fair go, I've had none. I'm been asking for a while to do a course at Unitec, so I can be trained up as a cabinet maker. I the support of two specialists and my GP to do this , but my CM told my GP this morning I should take out a student loan if I want it.

I need to be retrained,it's that simple.
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#11 User is offline   the phoenix 

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Posted 30 June 2009 - 10:00 PM

View Postjocko, on Jun 30 2009, 09:17 PM, said:

By the powers I am sick Antoniadus. There must be some bloody way these bastards are hung up for the public to have a look at? From when this site began we have had assessments from this out and out criminal. The travelling gypsy roadshow for ACC. He comes down from the Korori medical centre to the coast and his exit numbers by now must be phenomenal. He travelled regularly to the Gold Coast Queensland to perform exits.
See how powerful they are? They are now ignoring the people who empowered them. They ignore MPs and tell Ministers what to do. Does the term "When reasonably requested to do so" mean nothing? Once again an ACC person demonstrates she is above the law as read and will abide only by the dictates of her masters. You are in Auckland and they have to use Antoniadus? This is such a blatantly criminal act it is unbelievable. Make sure you take a witness and tape it. Type out an affadavit stating you have told him you are unfit for any of the options put forward and make him sign it. Rehabiliation, Vocational Independence, What an absolute crock. Hang in mate. Plenty of people have beaten the greasy little snot so stand tall and keep your powder dry.



Thanks Jocko. Had a long talk with watcha tonight. I'm laying a complaint against my CM and see what happens from there.
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#12 User is offline   fairgo 

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Posted 30 June 2009 - 10:16 PM

So let's get this straight....you have had no voc rehab? Was anything identified in your IOA/IMA as voc rehab required? What is in your IRP? Any Voc rehab identified there at all?
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#13 User is offline   the phoenix 

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Posted 30 June 2009 - 10:27 PM

View Postfairgo, on Jun 30 2009, 10:16 PM, said:

So let's get this straight....you have had no voc rehab? Was anything identified in your IOA/IMA as voc rehab required? What is in your IRP? Any Voc rehab identified there at all?



They keep on sending me to assessments. I asked for a work trail and retraining to be put into rehab plan but CM refused to put it in. Medical, I been declared unfit for any work until the Auckland Limb Centre can sort a leg out for that actually works. As for a IMA one assessor says yes the list of jobs give, another says no, and I'm caught in the middle. All I want is to go and my course at Unitec and get some quals, as I have none.
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#14 User is offline   doppelganger 

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Posted 30 June 2009 - 10:56 PM

Phonix What you need about being a cabnet maker has to be on you IRP after the IOA and IMA.

The VIMA and VIOI is based on your expe4rance and skills. it is not based on what you want.

Of cause if you have previouwsly had a VI assessments and nothing has changed then the assessor will need to know that nothing is going to change unless there was an error in the previous assessment.

Why I asked about you need to see a specialist is that unles there is an arguement on you covered injuries there will be no need to wait. Remember that under the 1982 Act ALL INJURIES as a CONSEQUENCE of the ACCIDENT is covered under one claim.

you will have a list of occupations that you have been assessed that you can preform. Its time to get your documents ready. Time to get out on the street and get references from employees into why they won't employ you in those jobs. remember that if you had completed the IOA and IMA to obtain employment in the past few years. It might not be economical for ACC to supply the cost of you attending Unitec but if you have the documentation showing the opposite then you have something to claim that you have not been Vocational Rehabilitated.

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Thanks Jocko. Had a long talk with watcha tonight. I'm laying a complaint against my CM and see what happens from there


I say that you are waisting your time complaining about the CM applying legislation. Complaining after it is proven that with out Vocational Rehabilitation to obtain employment you are not in any employment would have more impact. It would be also good to show how ACC waist money and carry out assessment with out taking to note what the injured person needs.
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#15 User is offline   doppelganger 

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Posted 30 June 2009 - 11:09 PM

View Postthe phoenix, on Jun 30 2009, 10:27 PM, said:

They keep on sending me to assessments. I asked for a work trail and retraining to be put into rehab plan but CM refused to put it in. Medical, I been declared unfit for any work until the Auckland Limb Centre can sort a leg out for that actually works. As for a IMA one assessor says yes the list of jobs give, another says no, and I'm caught in the middle. All I want is to go and my course at Unitec and get some quals, as I have none.


Did you put that request in writing as if you did then take it to review using section 54 as they need to make that decision in reasonable time period. Use section 70 to guide the Corporation in who is in charge of your Vocational Rehabilitation.

the limb unit say that you can not complete any job which does not use the leg. this is office type of work such as a weigh bridge operator or a parking yard operator.
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#16 User is offline   the phoenix 

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Posted 01 July 2009 - 08:21 AM

My CM has been told on number of time that I should become a cabinet maker. It has been put my VMA's. The problem is that one assessor say yes to it and the next one says no.

It's what I want to do. My GP is giving me full support with this. I've had 6-10 assessments of the last 10-12 months, with no answer to why so many from my CM. I want to be transferred back to the North Harbour branch but I think I'm pushing shit up a hill to get that.

The reason for the complain is that my CM is now persecuting me, doesn't want to offer rehab in any way, and her abusive manner to myself, my GP and even the staff of the Auckland Limb Centre. It might not do much, but I have to do something.
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#17 User is offline   the phoenix 

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Posted 01 July 2009 - 08:27 AM

The problem I have with my leg that Auckland Limb Centre are having major trouble having one that fits me correctly. My stump is swelling up and down all the time, and we don't know why. This why I want to go back and see my surgeon. Also this new leg I have due it not fitting correctly has increased my stump and phantom pain 10 fold. There are days when I don't wear it because it's to painful. This is my 10th leg in four years and my last shot of getting some thing that works.
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#18 User is offline   jocko 

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Posted 01 July 2009 - 09:50 AM

Absolute proof that ACC does not have any intention of rehabilitating any claimant and that all their talk of rehab is rubbish, The only thing these useless bludgers at ACC do is write letters for appointments with non independent ACC biased Assessors. Fairgo,Maybe we should send all of our current problems to Kathryn McPherson and tell her what a waste of time and money her many pages indicting ACC for fraud and corruption were?
Well I am thinking of amputation Phoenix. By the end of the day I can hardly stand now, But your problems have me concerned. It sounds like your stump is a real bastard. I better stop putting off the walking stick and try and get a bit more out of it. Trouble is it is going to have to be done and I'm 61 now so I better make up my mind I guess. Life is a bit of a challenge at times injury wise mate.
Watcha is right on to it. I wish he would write a book or do lecture tours. He is the most well informed and with it speaker on ACC that I have met and I would follow any advice he offers to the T
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#19 User is offline   the phoenix 

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Posted 01 July 2009 - 10:19 AM

View Postjocko, on Jul 1 2009, 09:50 AM, said:

Absolute proof that ACC does not have any intention of rehabilitating any claimant and that all their talk of rehab is rubbish, The only thing these useless bludgers at ACC do is write letters for appointments with non independent ACC biased Assessors. Fairgo,Maybe we should send all of our current problems to Kathryn McPherson and tell her what a waste of time and money her many pages indicting ACC for fraud and corruption were?
Well I am thinking of amputation Phoenix. By the end of the day I can hardly stand now, But your problems have me concerned. It sounds like your stump is a real bastard. I better stop putting off the walking stick and try and get a bit more out of it. Trouble is it is going to have to be done and I'm 61 now so I better make up my mind I guess. Life is a bit of a challenge at times injury wise mate.
Watcha is right on to it. I wish he would write a book or do lecture tours. He is the most well informed and with it speaker on ACC that I have met and I would follow any advice he offers to the T



Well Jocko don't let my problems put you off. Most amputee have no problems. You can get a leg that fits you well, you should just fine. This is why I want to see my surgeon so I can find what the hell is going on with my stump.
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#20 User is offline   the phoenix 

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Posted 01 July 2009 - 10:21 AM

View Postjocko, on Jul 1 2009, 09:50 AM, said:

Absolute proof that ACC does not have any intention of rehabilitating any claimant and that all their talk of rehab is rubbish, The only thing these useless bludgers at ACC do is write letters for appointments with non independent ACC biased Assessors. Fairgo,Maybe we should send all of our current problems to Kathryn McPherson and tell her what a waste of time and money her many pages indicting ACC for fraud and corruption were?
Well I am thinking of amputation Phoenix. By the end of the day I can hardly stand now, But your problems have me concerned. It sounds like your stump is a real bastard. I better stop putting off the walking stick and try and get a bit more out of it. Trouble is it is going to have to be done and I'm 61 now so I better make up my mind I guess. Life is a bit of a challenge at times injury wise mate.
Watcha is right on to it. I wish he would write a book or do lecture tours. He is the most well informed and with it speaker on ACC that I have met and I would follow any advice he offers to the T



Well Jocko don't let my problems put you off. Most amputee have no problems. You can get a leg that fits you well, you should just fine. This is why I want to see my surgeon so I can find what the hell is going on with my stump.
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