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Number of medical assessments?

#1 User is offline   handy_dog 

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Posted 14 August 2009 - 02:38 AM

Hi

Background of my injury is a lateral mass fracture C1 feb 2006. There is still a large amount of displacement between skull and C1 also C1 and C2. I have suffer from chronic headaches ever since it happened. Thankfully they are not every day, but average about 70% of the time.

I have tried two return to work programes and in niether was I able to maintain 20 hours work per week without detrimental effect to my health. The first being 6 months after the accident and the second being about 12 months ago.

I am still recieving weekly income compensation.

I have just been asked to do another full round of vocational, physio, and another initial medical assesment with the aim of completing another rehabilitation plan.
This will be the 3rd Time

Is there a limit to how many times i will be forced to jump through the hoops?

Can ACC stop my payments if i leave the country? assuming i have a current AR18 and am complying with requests and appointments they make for me

Regards
Glenn
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#2 User is offline   MINI 

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Posted 14 August 2009 - 12:38 PM

Hi there

Sounds like you need an up-to-date specialist report which shows that your 70% headache time is not unusal in your circumstances and that you have a stable and permenent injury.

You need this before you think of leaving the country.

You also need to have an Independence allowance for permanent injury. (If you don't already have one.)

They will stop giving you trails when you have proved to them that you can no longer be expected to hold down a job for 35 hours.

I have put this case law on another thread as even the oldies on the site seem to need the up-dated case law as the kindly Judges make life a little easier for us.

The case is Kaye Allison Martin v ACC Civ 2008-485-2617 at the High Court in Wellington.

It will not help you much at the moment but it sounds as though you are going to have to put your foot down somewhere along the line. If what you are saying is true and you can get a specialist to go into bat for you, this case will help if you ever have to go to Review and Appeal Court.

You will need your Doctor to be 100% on your side. Agreeing that the expectations of you to rejoin the work force full time is too much.

He is afterall the one who writes your certificates and refers you to the specialists.

I dont see a problem in starting off your new IRP, so long as they are of the understanding that you are not starting a new work trail until you have these other matters sorted out. Because you dont think the repetition of work trails when nothing has changed in your body, is fair.

I am sure that if you approach them sensibly they will allow you to have the specialists up-dates you need and your doctors own input as to what he thinks about a new work trail.

Take control of your medical needs, before you think of going overseas. You cannot fight them from overseas. It would be horrendous!!!

Good Luck and let us know what you decide.

Mini
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#3 User is offline   Gloria Mitchell 

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Posted 14 August 2009 - 12:52 PM

HI there,

Its true they won't take care of your medical needs if you leave NZ. All treatment costs in your new country are on you. You can have surgery, but only if you return to NZ for it. Well I mean they will pay only if you return to NZ for it.

You can live overseas and supply three monthly med certs and they are accepted. However----you need to be aware of what the exchange rate does to your bottom line $ wise. I currently lose just on 25% in fees and exchange rates.

The dollar here does not buy 25% more....so be aware of that.

Although they can't call you in to the office......they can and do call you back to NZ for assessments. You will find yourself negotiating with them still......unfortunately thats life on acc.

Have you had a specialist give you any suggestions of a long term prognosis, or any offer of surgical intervention to stablise your cervical vertebra?

watch for a PM from me. Advice on how to ease the tension in muscles to releive worst pain.

Gloria.
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#4 User is offline   doppelganger 

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Posted 14 August 2009 - 12:58 PM

when you found that you could not substain 20 hours per week why didn't you stay in that employment less than 20 hours? I ask as it is the Corporation and your responcability to earn to your max, it dosen't matter if it is less than 35 hours per week.

You have had IMA and more than likely the assessor has written in those reports that you claim that you can not work in such occupations. If this is so then I would suggest that you get the assessors to correct the reports to what is honestly correct.

Have you got all of your injuries correctly recorded.

ACC can not stop you from traveling over seas but you will need to return for any Vocational Rehabilitation assessments.
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#5 User is offline   ACCexile 

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Posted 14 August 2009 - 01:31 PM

View PostGloria Mitchell, on Aug 14 2009, 12:52 AM, said:

HI there,

Its true they won't take care of your medical needs if you leave NZ. All treatment costs in your new country are on you. You can have surgery, but only if you return to NZ for it. Well I mean they will pay only if you return to NZ for it.

You can live overseas and supply three monthly med certs and they are accepted. However----you need to be aware of what the exchange rate does to your bottom line $ wise. I currently lose just on 25% in fees and exchange rates.

The dollar here does not buy 25% more....so be aware of that.


If you go further afield Glenn - then it is possible for your entire ACC income to be paid to the foreign welfare casemanager depts too [and you may have no choice] so yeah you will see nothing of your ERC at all then!! Legislation is in place for this with ACC and WINZ currently Glenn - and at the moment imho the main worse abusers in the world who will manipulate & neglect all of these international agreements are ACC and WINZ :angry:

AFAIK there are policies in INFORME which manages the return of the 3mthly medical certificates from CM to CM as well Glenn - but its possible that ACC may have suppressed this information since I last looked etc I am unsure if these regular ongoing foreign medical expenses will also be reimbursed by ACC either Glenn but know there has been a courtcase recently where ACC made to reimburse a foreign GP for their IRP input.

ps be careful as imho ACC will do everything in their power to mislead you [or foreign casemanagers overseas] when it comes to how kiwi injury victims & claimants are treated by ACC :angry: .
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#6 User is offline   handy_dog 

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Posted 14 August 2009 - 07:01 PM

Thanks for the good advice. To crarify, I have never aksed or expected ACC to contribute to doctors visits or phamacutical costs while i have been overseas.

I feel I should be seeking legal representation for some of the assesments that are done.

Who is a good solicitor in the Timaru area?

Who is the most reasonable case manager to deal with in Timaru? Who should I avoid?

Regards
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#7 User is offline   doppelganger 

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Posted 14 August 2009 - 08:33 PM

you need to answer the questions.
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#8 User is offline   grunta 

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  Posted 14 August 2009 - 09:22 PM

:unsure: Hi Doppel... if I was going on a holiday overseas I would only tell my case manager if it was more than 1 week....or is there legislation stating we need to inform ACC if we leave the country at any time? It would be too much for me to attempt to travel but I would like clarification for anyone reading this thread...thanks
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#9 User is offline   handy_dog 

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Posted 14 August 2009 - 09:22 PM

View Postdoppelganger, on Aug 14 2009, 12:58 PM, said:

when you found that you could not substain 20 hours per week why didn't you stay in that employment less than 20 hours? I ask as it is the Corporation and your responcability to earn to your max, it dosen't matter if it is less than 35 hours per week.

You have had IMA and more than likely the assessor has written in those reports that you claim that you can not work in such occupations. If this is so then I would suggest that you get the assessors to correct the reports to what is honestly correct.

Have you got all of your injuries correctly recorded.

ACC can not stop you from traveling over seas but you will need to return for any Vocational Rehabilitation assessments.



In the first instance of employment it was with my employer, I was unable to fullfill all the requirements of what my job entailed and I terminated my employment to both give my body a chance to recover further and release my employer to find a replacement; they had afterall kept my job open to me for 6 months before i returned. The work trial went for three months and at 20 hours per week my overall health had deterioated.

The second work trial was for 6 weeks and when 20 hours was achived, my health again detoriated. Employment finished because of this and the employer ran out of suitable work for me.

Vocab were given the contract to find me further work and successfully got me workbridge funding. They however failed to find me any imployment or give me any referals.
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#10 User is offline   handy_dog 

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Posted 14 August 2009 - 09:28 PM

View Postgrunta, on Aug 14 2009, 09:22 PM, said:

:unsure: Hi Doppel... if I was going on a holiday overseas I would only tell my case manager if it was more than 1 week....or is there legislation stating we need to inform ACC if we leave the country at any time? It would be too much for me to attempt to travel but I would like clarification for anyone reading this thread...thanks


Acc have not shown me any legislation that requires them to be notified if travelling overseas. My case manager was pretty pis5ed as he belives I had not advised him the last time i did.

There is however the requirment to be available for assesments, i belive global roaming and email covers this now.
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#11 User is offline   grunta 

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Posted 14 August 2009 - 09:37 PM

OK handy dog thanks....why not just tell your case manager and then he/she can email you their requirements when they need too? Or do you find talking to your case person a struggle....if so I suggest you grab a lovely advocate and take them with you. Our advocates calm me down-give me reassurance and put things that seem so "out of control" in to perspective. Good luck and keep moving forward......
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#12 User is offline   Sparrow 

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Posted 14 August 2009 - 10:57 PM

no Drsl you are a bright wee button tonight.
I think you can be the next ACC Minister
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#13 User is offline   handy_dog 

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Posted 14 August 2009 - 11:49 PM

View PostNoDrsl, on Aug 14 2009, 10:09 PM, said:

with an off-the-wall thought.

Isnt the role the ACC funded regional manager, branch manager, team leader, case manager, Branch medical advisor intended to fill the role the advocate is doing with peace of mind with reference to the Woodhouse Principles. Which could have funding cut for under performance if advocates are filling a void left unfilled by the intent of ACC.?



I am at witts end with my case manager. I also understand he and the team lader are under renewed pressure to "tidy up reduce" long term claimants
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#14 User is offline   Noddy 

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Posted 15 August 2009 - 02:00 AM

View Posthandy_dog, on Aug 14 2009, 11:49 PM, said:

I am at witts end with my case manager. I also understand he and the team lader are under renewed pressure to "tidy up reduce" long term claimants

I am currrently overseas and had my ERC suspended the day I left NZ, as ACC claim that I am not available for rehabiliation (i.e IOA/IMA). I am taking them to review as this trip is a fact finding mission - IMHO NZ is way behind the USA when treating spinal injuires. I have visted hospitals & spinal clinics - when NZ tells you there is nothing more that can be done look further afield! I have a list of presecription drugs & patches etc to try - some of these things are only a few weeks old... Was suggested further surgery yesterday (I don't think so - 3 is enough!). I've had more support & treated with dignity the past 3 weeks than the past 3 years.

Watch out ACC - I'm coming home to get you.....
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#15 User is offline   Sparrow 

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Posted 15 August 2009 - 11:11 AM

Hi Noddy and good for you. Do hope you can find something to help.
Dont hold your breath on DRSL tho, they are as corrupt as ever. We hope that the ACC is got at properly for their disgusting attack on you and your family.
The MArtin case may be of help. Toady Doctors beware the courts have ruled the superior quals of a specialist should prevail over a lesser qualified GP over riding in ACC favour with a dumb toady decision.
Look forward to catching up once you are home!

Go well Noddy!!!
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