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ARE INITIAL OCCUPATIONAL ASSESSMENTS REVIEWABLE REVIEW HEARING QUESTION

#1 User is offline   Fighter for Justice 

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Posted 15 November 2009 - 03:19 PM

Is an Initial Occupational Assessment reviewable as a "Decision" under the IPRC Act?
I believe it is as an IOA should/could lead to entitlements under the IPRC Act!

The IOA Assessor gave me until a certain date to comment on proposed IOA - ACC cut my ERC two days earlier.
Draft IOA became completed IOA at ACC's request!

Any comments please.

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#2 User is offline   Tattoo 

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Posted 15 November 2009 - 03:47 PM

The short answer is no. You have the right to review decisions about entitlements ie weekly comp, vocational rehbailitation etc. The IOA is an assessment when ACC prepares the rehabilitation plan containing vocational rehbailitation. The rehabilitation plan, once agreed to or finalised, becomes a decision about entitlements and you have the right to review that decision. One of the grounds may be that the IOA report is significantly flawed. However, if the occupational assessor has given you an opportunity to comment then that seems reasonable and probbaly seen as an opportunity to address your concerns re any flaws. However, its probably academic unless you get weekly comp reinstated.

why did ACC stop weekly compensation?, because it seems like that would be the priority for a review application?
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#3 User is offline   MINI 

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Posted 15 November 2009 - 04:20 PM

FFJ

What it sounds like your saying is that you didnt bother to take the opportunity to comment on the IOA, and ACC have made a decision on the draft assessment, two days earlier than they were meant too.

However we will not know until you give us the written reasoning for the withdrawal of your WC. The withdrawal of your WC for whatever reason is Reviewable as far as I am concerned. I would get a Review in ASAP if you cant get it straightened by bringing the fact that they were two days too early to take your WC off you, but one can only speculate.

Mini

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#4 User is offline   Fighter for Justice 

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Posted 16 November 2009 - 11:33 AM

ERC stopped because I did not sign ACC2 or ACC167. This is despite fact I gave a consent for ACC to get IOA from Assessor!
FFJ
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#5 User is offline   Tattoo 

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Posted 16 November 2009 - 11:51 AM

I assume you have now signed the required forms and had your entitlements restored, seems like a small deal to be losing to weekly comp over.
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#6 User is offline   MINI 

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Posted 16 November 2009 - 11:56 AM

Sorry FFJ I agree with Tatoo, signing pieces of paper for ACC is a normal thing to have to do. If you cannot play by their rules you will lose, there is nothing more sure than that!!

That was not worth losing your w/c over!!!

We can't help you.

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#7 User is offline   doppelganger 

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Posted 16 November 2009 - 12:54 PM

under section 72 you must give the Corporation authoriseation to obtain medical and other onformation records that are and MAYbe relevant to the claim.

The rules are simple and you also have the ability to keep your privacy in tack.

this is to allow the Corporation to manage your claim

You don't need to sign the Consent form but you must give them permission in writing.

The Case manager will be saying that they can not send info on to the medical assessor.

If anyone doesn't want to sign the ACC form they must make sure that the ACC staff can still manage the claim with out any problem.

I also gather that you have advise the assessor of any inaccuracy in the assessment including if there is any rehabilitation along with cost to obtain any of the jobs.
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#8 User is offline   Tattoo 

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Posted 16 November 2009 - 01:05 PM

Shit, Dr ganger you are making sense. F4J, just sign the form (if not done so yet) and get weekly comp reinstated. Unfortunately, ACC will not be liable to backdate it unless you take the issue to review and the reviewer finds it was reasonable for you to withhold consent - my guess, highly unlikely.
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#9 User is offline   Southernman 

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Posted 16 November 2009 - 03:31 PM

View PostTattoo, on Nov 16 2009, 03:05 PM, said:

Shit, Dr ganger you are making sense. F4J, just sign the form (if not done so yet) and get weekly comp reinstated. Unfortunately, ACC will not be liable to backdate it unless you take the issue to review and the reviewer finds it was reasonable for you to withhold consent - my guess, highly unlikely.

Interesting.

I revoked, in writing all consent previously held by ACC in early 2007, supported by a finding of the Privacy Commissioner that my personal information had been given to third parties without my autherization.
Regardless of this revoke of consent, and refusal to complete the new ACC167 form, this year ACC disclosed my private information to numerous parties, and collected medical files citing the 5 year revoked consent form to gather information. I complained again to the Privacy Commissioner who declared, without investigating the matter, that under section 2 of the Privacy Act, ACC didnt need my consent anyway, and that section 2(d)(iv) applied.

So - why the big fuss by ACC when a claimant refuses to sign the ACC 167 consent form ????
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#10 User is offline   Tattoo 

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Posted 16 November 2009 - 03:46 PM

S/man - because it is a requirement of the Act (Section 72 to provide permission) and ACC can suspend entitlement under Sec 117 if a claimant does not comply with he requirements of the Act. Obviously you can give permission without necessarily signing a form, but if you take the matter to review/appeal if may not go so well for you in terms of what is reasonable if you have not given permission as required by section 72 in whatever form.

Mind you, ACC can't make anyone do anything, its really up to the claimant whether they wish to receive entitlements.
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#11 User is offline   Gloria Mitchell 

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Posted 16 November 2009 - 04:05 PM

Sigh.....VBS.......I did tell you all they don't need anything signed as I scanned and posted the document in which the cm had noted to the DHB.....client has given permission in their signing of the ACC45 form. The acc45 is the very first doument you sign when you go to get treatement for an injury. this injury had documentation alluding to a 1986 injury and there were no acc45 forms then that I know of. But they released the info anyway. NOw I had sent an email to the cm telling her where to get this info and for what reason and a permission to do so....which it appears she didn't need and didn't use.

I have shown I am cooperating in information collecting .....but they still don't need that darned form....Dopple I would love to see that one sorted as it is just used as gaslighting. Asked again.....I would just sign the darn thing....it really doesn't mean jack shit. They can get what they like regardless......I'm done with that battle.

Gloria.
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#12 User is offline   MINI 

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Posted 17 November 2009 - 09:57 AM

Gloria

You are dead right, they will get the information even if it means bringing in the heavies, PI's and then put the blame on to them. So as you say what is the point in giving them an excuse to use against you to take your w/c off you.

Depending on the issue being looked at will depend on the information they need. They have used the fact that they dont have the information needed against me in court even though they had signed forms and I had the information they needed here in NZ, they just didnt bother to ask me!! In the Kena case, the judge was very angry about the fact that the ACC didnt ask the person who would best know and that is the claimant, before he gave this guy his 'interest' because there was no reason ACC shouldnt have asked him for the information!!!

I will use that case when I go to "Wrongful action' for my 'interest' and other expenses.

Moral being if you want to hold onto your entitlements and be able to have the Court on your side in an arguement, stay on the right side of ACC.

The first sign of something fraudulent going on is the refusal to 'open the books' for scurtiny!!!

Mini
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#13 User is offline   doppelganger 

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Posted 17 November 2009 - 11:57 AM

when the Corporation accepted your claim you had given the corporation permission under section 55 of the current Act, section 63 under the 1998 Act, etc., etc..

that was signed on the first acceptance form.

You might just want to check the staff member as to what information that they hold and to what was going to be presented to the medical officer.

I gather that the case manager was scared that you were going to give a written statement to the medical assessor which would show that you did not have experance or training in the choosen occupations.

the Case manager has more than likely put in place everything to make a non compliance so that the compensation is stopped.
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#14 User is offline   MINI 

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Posted 17 November 2009 - 12:41 PM

dopple

I gather you are writing to the thread starter, as my compensation has not been stopped. Well, not without me going back to work anyway, it was never given back to me when work stopped. It was never allowed on asking.

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#15 User is offline   doppelganger 

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Posted 17 November 2009 - 02:25 PM

yes mini.

You might be able to also look to see if this is also in your case.
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#16 User is offline   MINI 

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Posted 17 November 2009 - 03:27 PM

dopple

Yep am taking notes thanks

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#17 User is offline   go joe 

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Posted 15 August 2010 - 09:20 AM

WHEN should the 1st Initial Occupational Assessment be done????? whats the ACT SAY about it B)

In other words how long after the accident should this be done is there any time limit or sec on this ??? can any one tell me because i am unable to find it in the ACT .


is it when they are cutting you out of the car ?????????? maybe as you are going under in the operation room ???????? or once you have healed from your injuries
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#18 User is offline   go joe 

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Posted 16 August 2010 - 08:53 AM

No doppelganger i am looking pacifically at the point in time.. the point in the act as to when ACC can ask for a IOA to be carried out in your answer you said
" AC is first notified that the injured will not be returning to full employment as a consequence of his or her injuries."
so that's when the ambulance report arrives i suppose for the request of cost of travel

hypothetically!!! In a case of a person losing there legs in an accident and is a dancer one could then argue the point "well you will not dancing no more" so off to IOA you go hence one could argue also the person may only have been in hospital a week and was to stay say two to three or four mouths before being discharged and therefore ACC is continually requesting a IOA to be done immediately so to help with recovery OR YOUR WRC WILL BE CUT so may i please repeat my Question WHEN should the 1st Initial Occupational Assessment be done????? whats the ACT SAY about it IS THIS OUT RIGHT HARASSMENT and as there is NO statute of limitations in good old NZ this could be an argument for all clamments as you said doppelganger may i quote you.

"initial medical assessment is the assessment required to be done under the legislation with in 13 weeks of accepting the claim for cover. this has to be put on your individual rehabilitation plan. Remember the initial occupational Assessment is part if your rehabilitation and must be done when looking at rehabilitation"

I don't think this applies if you are still in the hospital and a initial medical assessment would not have been completed at that time you would in fact still be under the ARC18 90 notice and even years later still fully unfit for work so what right do acc claim the need to do a initial medical assessment or IOA.
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#19 User is offline   doppelganger 

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Posted 16 August 2010 - 02:40 PM

I deleated my previous post as it seams that you are asking question in general and not specific about your case.

I repeat you IOA is part of the rehabilitation Your IMA is part of your rehabilitation. It only looks at Vocational Rehabilitation.

Both of these assessment pertain to your Vocational Rehabilitation and must be on your IRP.

As stated in the previous post it is you and your treatment providers that advise ACC on the rehabilitation needs including Vocational Rehabilitation. to answer your question you need to read other sections of the Acts these are section 50, 55, 70, 72, and most importantly section 48 ( c)

you will notice that the Claimant is responcable for there rehabilitation, that is medical treatment and if needed vocational rehabilitation. There is no requirement for a claimant to request Vocational Rehabilitation at any time.

there is a requirement of the Corporation to carry out an Vocational Independence assessment when it has been established a claimant can work 30 or 35 hours per week.

there is a requirement for the Corporation to have a IRP completed with in the first 13 weeks. there is no requirement for the ACC to have any Vocational Rehabilitation in the IRP in the 13 week period.

your above posts are nothing more than a calulated attack.

GoJoe I notice that you have shown a negative in all of my posts. I have a large following that hate me, and this is because of what I am doing off the board. If you want to join them contact the Branch manager at Dunedin ACC.
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#20 User is offline   go joe 

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Posted 17 August 2010 - 12:19 PM

I can assure you i am not the one that has shown a negative in all of your posts i am looking at a members posts of FRED1956 where he was contacted while still in ICU by ACC and find it daunting that ACC would contact him whilst in care of the ICU as to my comment "WHEN should the 1st Initial Occupational Assessment be done????? whats the ACT SAY about it IS THIS OUT RIGHT HARASSMENT and as there is NO statute of limitations in good old NZ this could be an argument for all clament's "

hence again im not talking about IMA OR Vocational Rehabilitation. IM ASKING
WHEN should the 1st Initial Occupational Assessment be done????? whats the ACT SAY about it????????

AND NONE OF THE ACTS YOU HAVE POINTED OUT REFER TO THIS POINT IN TIME so once again if there is no time period for ACC to act little lone the person hadn't even lost his job i feel that this is a per case of over jealous out right harassment by ACC and a case should be brought against the ACC corporation over it

and just out of matter of fact as i answered mini once for calling me blub i am me i ma no one else and i would think about running down those that help other so who ever is doing it get a life as im getting the blame
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