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Whole Person Impairment assessors

#21 User is offline   leggo 

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Posted 02 December 2017 - 09:46 AM

Hes absolutely terrible. Hes rude and degrading and minimalises everyone i heard about.
He obviously didnt read my file and then upset me by belittling me then sent me to the nuthouse straight after.
They said there was nothing wrong with me of course. I was only upset by things he said to me.
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#22 User is offline   tommy 

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Posted 02 December 2017 - 05:58 PM

as one as a claimant must understand , these tactics are standard practice as in most assessors , and hence , be prepared for as a claimant to with stand these procedures
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#23 User is offline   Alan Thomas 

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Posted 02 December 2017 - 09:36 PM

So are these assessments genuine and honest?

If they are not genuine and honest assessments then what is the appropriate thing to do about it?

The ACC will always claim they are acting in good faith and accept whatever report they are given and will, as far as the courts are concerned, the blameless.

This means that we really should be looking at the assessor if we believe them not to be genuine and honest.


If the document is being produced for pecuniary advantage, "the assessment report", then the allegation is that the report is fraudulent. This is not a matter for Judicial recourse through theACC act but rather the crimes act.

I suggest that any report being produced that appears to be false and not produced in good faith should be subject to the scrutiny of other equal or superior professionals and if they are able to provide a report of substance that identifies false reporting then all that information should be handed in to the police with a request that the police prosecute. If the police won't prosecute make a complaint to the police complaints authority and initiate a private criminal prosecution. To lay charges with the criminal registrar at the local district court is a relatively simple process which will in the first stage require the assessor to attend court to face those charges and to enter a plea of guilty or not guilty. Either way if you are armed with cogent evidence that the report has not been made in good faith and contradicts science as identified by subsequent assessments and the pre-existing medical evidence etc then the matter will be proceeded to the criminal court. The criminal court does not exist to make financial gain such as the civil courts and the ACC judicial systems but rather the criminal court is a mechanism of punishment and the establishment of truth.

To the best of my knowledge I am the only individual who has initiated a private criminal prosecution against one of the ACCs assessors. The medical professional acknowledge that is so-called medical report was not true and that there was no way he could have produced the report in the manner redid and claim that he had done so in good faith. Quite bizarrely the court decided that's a long as the Dr withdrew his medical report the court would take no action against him. I wish others had the same courage and also prosecuted those assessors that the ACC employee as gunslingers.
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#24 User is offline   tommy 

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Posted 03 December 2017 - 04:41 PM

your comments above are correct allan , as in posting 23, which then raises the questions , whom as a claimant has the tenacity , etc to proceed with as in wrong doings etc , not easy , as most ltc , claimants would know
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#25 User is offline   MINI 

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Posted 13 December 2017 - 12:10 PM

Hello

does anyone know if the lump sum payment percentage is added to the other I/A percentage to make it up to the 10% mark.

Cheers

Mini
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#26 User is offline   Alan Thomas 

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Posted 13 December 2017 - 12:24 PM

View PostMINI, on 13 December 2017 - 12:10 PM, said:

Hello

does anyone know if the lump sum payment percentage is added to the other I/A percentage to make it up to the 10% mark.

Cheers

Mini


Mini are you asking whether multiple accidents resulting in minor percentage points will result in an accumulative results by way of demonstrating a high level of incapacity due to the Cumulative effect of all of the injuries? While I have won review hearings that require the ACC to carry out assessments in this regard the ACC are yet to arrange the assessments so I only know the mind of the reviewer but do not know the mind of the ACC on this matter. As far as I am concerned the legislation is clear in as much as cumulative injuries result in cumulative incapacity which results in cumulative degrees of disability.
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#27 User is offline   doppelganger 

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Posted 13 December 2017 - 04:59 PM

Mini your answer is in the book that I sent you or in the ACC notes that go with with the IMA.

If you have a 20% IA and then had a new injury that resulted in a 15% IA assessment

The way that it is calculated is 20 - 100 ==80%
80% - (80 x 15% ) == 12%
20 % = 12& = 32%

So your IA assessment would give you a 32% whole person IA.
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#28 User is offline   greg 

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Posted 14 December 2017 - 05:08 PM

View Postdoppelganger, on 13 December 2017 - 04:59 PM, said:

Mini your answer is in the book that I sent you or in the ACC notes that go with with the IMA.

If you have a 20% IA and then had a new injury that resulted in a 15% IA assessment

The way that it is calculated is 20 - 100 ==80%
80% - (80 x 15% ) == 12%
20 % = 12& = 32%

So your IA assessment would give you a 32% whole person IA.


That looks correct . If you even have another IA. assessment the figure will start as % of 65% .
would be the cash/money amount paid on top of 32%
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#29 User is offline   MINI 

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Posted 15 December 2017 - 10:05 AM

View Postgreg, on 14 December 2017 - 05:08 PM, said:

That looks correct . If you even have another IA. assessment the figure will start as % of 65% .
would be the cash/money amount paid on top of 32%

Gregg

Does Lump sum get calculated the same way? Ie your present IA rating is added to the Lump Sum rating to get the WPI of over 10%, or is the Lump Sum not include the present IA rating.

You are not mentioning Lump Sum ratings as in my present circumstance ie Injuries after April 2002.

Cheers

Mini
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#30 User is offline   greg 

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Posted 15 December 2017 - 11:43 AM

don't know , mine was pre-lump sums.
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#31 User is offline   doppelganger 

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Posted 15 December 2017 - 10:03 PM

Legislation states that Lump sum payments under the 1972 and 1982 Act are subtracted and one has to have 10% greater before any entitlement.

If paid lump sum in the later Act I believe the same.

If paid lump sum for a 5 year period then the same is paid again and if want a new assessment need a 10% increase before an increase in entitlement.
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