ACCforum: cover under 82 act - ACCforum

Jump to content

Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

cover under 82 act medical certificate

#1 User is offline   redrose 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 1
  • Joined: 26-April 09

Posted 14 September 2010 - 10:58 AM

Hi everybody,urgent help needed for a friend.Friend worked for a company, back in 93,who was in partnerships scheme with acc.Upon visit to medical clinic, doctor found upper back plus neck injury.He gave friend 2 weeks off work and two copies of medical certs. 1 for his boss plus 1 to be sent on to acc via his employer.latter was never sent to acc.Company,within their agreement with acc, paid for his time off plus physio.fast forward to March 2010.after being on acc for previous 3 years,he was exited for degenerative neck and upper spine.Went to review, whitewash- thrown out.Appealed for court hearing with advocate. Because early 93 cert was never presented to acc he cannot proceed with hearing. His advocate dose not wish to proceed on the grounds of no claimed injury by acc.Can anybody advise him how to handle this. Cheers Redrose.
0

#2 User is offline   Bill Birch 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 166
  • Joined: 04-June 08

Posted 14 September 2010 - 11:10 AM

The starting point is obtaining a copy of the GP records at the time of the injury, if available.

If a claim wasn't lodged then presumably a new claim for cover would need to be lodged, investigated and a decision on cover issued. However, if ACC's ability to make a decision is prejudiced by the length of time and there are no records it will be an uphill battle to get cover.

This case law was a borderline case gives an indication of the minimum evidence required.
http://www.nzlii.org...?query=chambers
0

#3 User is offline   kittyhawk 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 298
  • Joined: 27-July 10

Posted 14 September 2010 - 11:10 AM

Surely, records must exist, medical clinic legally must retain all medical records. What about past employer? ACC must still have some records, try, try again.

Who say the 2nd medical cert. was never forwarded? If ex employer get in writing problem solved.

Would be pushing to have this heard by Appeal Authority as the hurdle is much lower, but you state accident in 93. Did the act not change in 92?

Given the advocate does not want to proceed maybe a short appointment with legal expert is in order, there is a lot riding on the right advice.
0

#4 User is offline   redrose 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 1
  • Joined: 26-April 09

Posted 14 September 2010 - 01:01 PM

hi thank you for all your help rerose
0

#5 User is offline   Fighter for Justice 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 115
  • Joined: 23-August 08

Posted 14 September 2010 - 03:25 PM

Medical Practitioners etc are required to keep medical/personal information for a minimum of 10 years after last contact (with patient). (Health Retention Regulations).

Perhaps a complaint to the Privacy Commissioner, Medical Council, Nursing Council and Health & Disability Commissioner would do for a start!

Followed on by a complaint to Ombudsmen (if employer is government etc).

Fighter for Justice
0

#6 User is offline   MINI 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 7810
  • Joined: 09-October 07

Posted 15 September 2010 - 12:50 PM

If it was a work accident it would have been recorded with the Dept of Labour. They will have record of event.

My employer was one of those in cohorts with ACC and I found the Labour Det record of event on my work file. (five years after the event and after I had left work)

Ask your work if the still have you work file and then proceed to arrange to have a look at it in their office or where ever it is convenient to you.

Also as said above you should find a copy of the Dr cert on your file, this is also proof of 'Cover'.

Sometimes I think lawyers/advocates are very lazy. If they dont know how to do a proper investigative legal job, they are vertually useless to us.

Good luck, a copy of the original docos will be somewhere. I would try the work files first. (Dont tell them why you want it and ask for it under the Privacy and Official Imformation Act)

Mini
1

#7 User is offline   redrose 

  • Newbie
  • Pip
  • Group: Members
  • Posts: 1
  • Joined: 26-April 09

Posted 16 September 2010 - 11:46 AM

thanks for the info mini, have passed it on cheers redrose
0

Share this topic:


Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

1 User(s) are reading this topic
0 members, 1 guests, 0 anonymous users