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another case of ACC lies

#1 User is offline   greg 

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Posted 02 June 2010 - 06:55 PM

A Hamilton amputee is accusing ACC of "fraud and perjury" after his medical records resurfaced last week, despite the corporation insisting for years they had been destroyed.

Warren Smith is now seeking legal advice and hopes to sue ACC for $1.2 million after he recovered 12 years worth of documents through an Official Information request.

"Someone has to be held accountable for this it is corruption at its worst," he said.

http://www.stuff.co.nz/waikato-times/news/...rs-files-return

ps; I was lied to as well because a letter stating my file was destroyed . guess what I have now a full copy supplied by ACC.
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#2 User is offline   magnacarta 

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Posted 02 June 2010 - 08:23 PM

Anyone in Mr Smith's position - ACC counsel misleading the Court - should immediately obtain a copy of the legislation directly relating to this the - Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 - and perhaps its predecessor.

ACC's counsel does play fast and loose with the truth and mislead the Courts - there are currently two interlocutory proceedings currently before the Court awaiting determination on this very point but the Court is taking an inordinant amount of time.

It should also be remembered that one of the reasons Judge's enjoy judicial immunity is that they must:- "Promote the fearless pursuit of the truth." (See NZ Law Commission Report No 37).

Furthermore, the starting point for the exercise of the judicial function is the obligations in their judicial oath.

I am informed there are just under 1,500 appeals currently before the Court and there are on average 1,000 reviews per month now being lodged.
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#3 User is offline   Noddy 

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Posted 02 June 2010 - 09:57 PM

View Postmagnacarta, on Jun 2 2010, 08:23 PM, said:

I am informed there are just under 1,500 appeals currently before the Court and there are on average 1,000 reviews per month now being lodged.

At what cost to ACC Magna?

I wonder how the numbers stack up against Riley's "tough love" approach. ACC might be saving money through declined cover and ERC - but this disgusting amount of legal action must also be costing the country a small fortune....
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#4 User is offline   ruralkiwi 

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Posted 02 June 2010 - 11:04 PM

View PostNoddy, on Jun 2 2010, 09:57 PM, said:

At what cost to ACC Magna?

I wonder how the numbers stack up against Riley's "tough love" approach. ACC might be saving money through declined cover and ERC - but this disgusting amount of legal action must also be costing the country a small fortune....



If ACC was making correct and lawful decisions in the first place then people wouldn''t need to do to review. The sad thing is many don''t go to review they just give up. This is what ACC wants everyone to do give up. Stick together and be strong. We have far more chance of success as a group and they can''t just pick us off
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#5 User is offline   MINI 

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Posted 03 June 2010 - 10:50 AM

View Postgreg, on Jun 2 2010, 06:55 PM, said:

A Hamilton amputee is accusing ACC of "fraud and perjury" after his medical records resurfaced last week, despite the corporation insisting for years they had been destroyed.

Warren Smith is now seeking legal advice and hopes to sue ACC for $1.2 million after he recovered 12 years worth of documents through an Official Information request.

"Someone has to be held accountable for this it is corruption at its worst," he said.

http://www.stuff.co.nz/waikato-times/news/...rs-files-return

ps; I was lied to as well because a letter stating my file was destroyed . guess what I have now a full copy supplied by ACC.


ACC never told me mine were missing from 1992-1996. I found out by going thru my file at their office and commenting on the lack of documentation.

It certainly has meant a lot of extra time having been taken for them to get the background for those years. most of which was supplied by me. This has held up payments and entitlements for years.

Wonder if mine will come to light now. They have only mislaid them. I dont beleive they were ever distoryed as the Act says they cannot be distoryed unless it is seven years since they last had cause to use the file. Which could possible happen if they disallowed you and didnt do anything for you for seven years. That has not been the case with mine.

They have broken their own legislation if they have distroyed them while still open case.

Cheers Mini
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#6 User is offline   MINI 

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Posted 03 June 2010 - 11:04 AM

View Postruralkiwi, on Jun 2 2010, 11:04 PM, said:

If ACC was making correct and lawful decisions in the first place then people wouldn''t need to do to review. The sad thing is many don''t go to review they just give up. This is what ACC wants everyone to do give up. Stick together and be strong. We have far more chance of success as a group and they can''t just pick us off


Ruralkiwi

You are not wrong there re: stick together etc. I have said it often enough although the advocates that are on quota to be in line for grants from lottery etc, have to prove they do a lot of cases so therefore logging them altogether is not good for the purse!!!

I honestly think that with the computers, telephone etc of today we could actually do a group one ourselves, we have the combined nouse needed, that I am sure of, just by reading some of the stuff that goes up here.

Getting the information of a number of claimants at the same level of need ie w/c i/a etc would be the difficult part. If we could get the ones that dont go to Review, that would be great. Maybe WINZ would be willing to put a sticker up at the counters. Afterall it would help Paula's cause of keeping their figures down.

If someone were to be studying at the moment and doing a theises, (Just thinking aloud here at the moment)

Cheers Mini
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#7 User is offline   jocko 

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Posted 03 June 2010 - 11:36 AM

"The first indicators of fraud are missing files and documents" Those are the words of a judge at the ENRON hearings.
In the last copy of my file I received a list with the names and claim numbers of about 12 other claimants. I should put them on facebook. "Dear John Dally, In my last copy of my file I received the names and claim numbers of a long list of claimants. You can read them on face book, I hope the fuck they sack you and Phil Riley because of the uproar it will cause." Because it will cause an uproar. No one gives a stuff about the disabled being treated like shit but if privacy is breached what a fucking mega disturbance it would be. Even Mark Staysburied and channel one might say something slightly negative about ACC.. imagine that, the Government propaganda channel going tut tut.
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#8 User is offline   greg 

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Posted 03 June 2010 - 12:37 PM

Have a look at our Tomcats judgement 4 2008;

[54] As earlier noted, the most reasonable method of calculation is by using what was
actually paid to the appellant contained in the ACC help desk printout which was available
in 1993 from the file.
[55] Upheld is the submission that $114.70 is the most "fair and reasonable" rate,
especially when one considers that it was seriously entertained by the Corporation as
part of their 2003 review.
[56] The other aspect of this is that it is the Corporation who are responsible for the loss
of documentation through their choice to destroy the file.
[57] A fundamental maxim of equity is that "one who comes into equity must come with
clean hands" or that equity will not permit a party to profit by his own wrong.
[58] It should not be that the Corporation who wrongfully suspended the appellant's
entitlements should benefit from the loss of documentation which had been in their
possession.
[59] In the allowance of this appeal there will be costs of $1,500.00
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#9 User is offline   Fighter for Justice 

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Posted 03 June 2010 - 02:09 PM

I believe ACC cannot find (or have possibly destroyed) some of my ACC files. These files are for separate accidents (other than my original injury). But these separate accident claims are considered as part of any assessment of whether I am incapacitated or not etc. E.G. knee injuries (had two surgeries) and another injury.

I also wonder about my husband's ACC accepted claim. Although he was only off work for approx 6 weeks - he sustained permanent damage. This permanent damage could get worse at any time. It would be interesting to know if ACC have destroyed the file.

Fighter for Justice
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#10 User is offline   MINI 

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Posted 03 June 2010 - 03:05 PM

FFJ

Im hope your husband has put in for a IA claim and assessment.

You are allowed you permanent injury non taxable money whether you are working or not. It has nothing to do with working. He must still have an assessment so that is anything makes him worse in the future he has a trail to follow and papers to show he has permenent injruy at this time on a already covered injury.

Dont let them put you off. I hope he has done it and got a % of whole person impairment.

Mini
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#11 User is offline   DARRELLGEMMA 

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  Posted 03 June 2010 - 03:10 PM

View Postgreg, on Jun 3 2010, 12:37 PM, said:

Have a look at our Tomcats judgement 4 2008;

[54] As earlier noted, the most reasonable method of calculation is by using what was
actually paid to the appellant contained in the ACC help desk printout which was available
in 1993 from the file.
[55] Upheld is the submission that $114.70 is the most "fair and reasonable" rate,
especially when one considers that it was seriously entertained by the Corporation as
part of their 2003 review.
[56] The other aspect of this is that it is the Corporation who are responsible for the loss
of documentation through their choice to destroy the file.
[57] A fundamental maxim of equity is that "one who comes into equity must come with
clean hands" or that equity will not permit a party to profit by his own wrong.
[58] It should not be that the Corporation who wrongfully suspended the appellant's
entitlements should benefit from the loss of documentation which had been in their
possession.
[59] In the allowance of this appeal there will be costs of $1,500.00

Hi Greg it is Darrell here. Well, well, well. Nothing surprises me anymore with ACC they are just a bunch of lying, thieving bastards who don't get things their own way. They will go to the courts & have a review decision quashed because they don't like losing. How do i know because they did it to me & frankly i have had enough of acc's attitude towards me. I am seriously considering writing a book about my dealings with the bastards named acc. Do you happen to have the case number by any chance please to Tomcats judgment.
Kind Regards
Darrell Pearce
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#12 User is offline   greg 

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Posted 03 June 2010 - 03:32 PM

To find this info is not hard .. try researching this site . it is also on accfocus.org and on ACC own website.

It you wish to help yourself 'help yourself' it is easy if you try. don't be a victim ACC win most
of their reviews and court cases when you are the victim. The judgements are there if you look.
find out which acc act you are under first. then only explore judgements relating to your own acc act.
When ACC claim a decision , then you ask what section of the acc act they are using, and if you have bothered
to download the free version available on this site [up to 2/300 pages ] . [this will save advocates hrs of time]
help is alot simplier .

This advice has been on this site for as long as it exited and earlier on sites that lead to the formation of ACCforum.org.
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#13 User is offline   MadMac 

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Posted 03 June 2010 - 04:15 PM

:wub: Hi everyone ...


:blink: Here today gone tomorrow ... Same lies different days ...


There should be a special T.V Show highlighting all the absurbities ...

Something like ...

:P " I survived the horrors of ACC and lived to tell the story ..."

;)
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#14 User is offline   scared 

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Posted 03 June 2010 - 06:16 PM

The Science-fiction / Horror Reality show of the season, ooopppsss I mean decade :rolleyes:
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