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Abuse of process How proceedings are filed against Acc staff.

#1 User is offline   MERLIN 

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  Posted 28 June 2010 - 08:06 PM

Hello has anyone got an understanding of how to have my case manager charged with abuse of the Acc process.
Are there any Acc lawyers who you consider to be the Lawyer firm to approach.?
Are there any decisions or discussion that relate to this topic.?
Is this filed through the district court or complaints department.?

Thankyou
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#2 User is offline   doppelganger 

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Posted 28 June 2010 - 11:07 PM

you got to file a complaint

I would advise you to read this decision first.

ALBERT RONALD DEAN V THE CHIEF EXECUTIVE OF THE ACCIDENT COMPENSATION
CORPORATION CA CA22/06 24 October 2007
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#3 User is offline   MERLIN 

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Posted 29 June 2010 - 01:18 AM

View Postdoppelganger, on Jun 29 2010, 12:07 AM, said:

you got to file a complaint

I would advise you to read this decision first.

ALBERT RONALD DEAN V THE CHIEF EXECUTIVE OF THE ACCIDENT COMPENSATION
CORPORATION CA CA22/06 24 October 2007


Thankyou Doppelganger

http://www.nzlii.org/cgi-bin/sinodisp/nz/c...20ronald%20dean

That was an interesting read which gives great insite to how the reviewer decides and the importance by the reviewer to not leave decisions up to the acc's interpretation. Or you end up going through a very long process.

This is my prediciment
What if Iv'e put in a complaint about the actions of my case manager and the complaints department do not respond. It has been well over three months since the fax to the complaints department and another fax to querry a non acknolowgement
Is it correct that I can now file for the review since they continue to ignore the fact that this complaint was made.
Is there jurisdiction for the reviewer.?
And by that link, the decision of Mr Dean. Does this mean that if the reviewer declines a jurisdiction I can proceed to the district court.?

Thankyou
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#4 User is offline   doppelganger 

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Posted 29 June 2010 - 01:35 PM

Complaints get stopped at review so it is pointless taking that past the Courts.

You need a decision like ACC making a decision to not include all of your injuries to an assessor.

I think that these arethe cases I was looking for.

White v Accident Compensation Corporation [2003] NZACC 152 (17 July 2003);1
White v Accident Compensation Corporation [2004] NZACC 298 (17 September 2004);2

This would give you an idea how to get it set up.
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