Kunena Site Syndication http://www.accfocus.org Thu, 11 Mar 2010 14:31:04 -0600 Kunena 1.0.11 http://www.accfocus.org/components/com_kunena/template/default/images/english/emoticons/rss.gif http://www.accfocus.org Kunena Site Syndication http://www.accfocus.org/option,com_kunena/Itemid,636/func,view/catid,43/id,1668.html#1675 http://www.legislation.govt.nz/act/public/2001/0049/latest/DLM100981.html?search=ts_act_injury+prevention+rehabilitation+compensation_resel#DLM100981 Act by section * Contents * › Part 3 Code of ACC Claimants' Rights, and claims 54. Responsibility of Corporation to make reasonable decisions in timely manner * The Corporation must make every decision on a claim on reasonable grounds, and in a timely manner, having regard to the requirements of this Act, the nature of the decision, and all the circumstances. Compare: 1998 No 114 s 62 Mon, 08 Mar 2010 15:54:39 -0600 http://www.accfocus.org/option,com_kunena/Itemid,636/func,view/catid,43/id,1668.html#1674 She just called ACC today and they stated "Your claim is at the Medical examiners" ...yet again.. one year ago the "Medical examiners" was where the claim started, so full circle we find ourselves. I've researched the Legislation and by my view of it is that we filed a claim for entitlement after the 12 months which is past the time as stated in section 53, so these entitlement claims must fall under section 57 complicated claims under subsection (d) Lodged outside the period stated in section 53. And if so; Legislation States The Corporation and the person making the claim may agree to further extensions after the extension referred to in subsection (3), and that subsection applies to any further extension, but the Corporation's decision on the claim must be made within 9 months of the claim being lodged. We are well over 9 months now (1) When the Corporation fails to comply with a time limit under section 56 or section 57, whichever applies, the claimant is to be regarded as having a decision by the Corporation that he or she has cover for the personal injury in respect of which the claim was made. So what ever they comeback with is NULL as per the legislation states...right? I think it's Lawyer time....great more lies -------------------------------- Edit; Update I've just spoken to an ACC Lawyer and it appears that Getting your claim accepted is actually :" The Easy Part " :S the above Legislation is to insure ACC provide a timely outcome for claim acceptance, not for a claim of an entitlement , ACC can delay until the cows come home or until privatization.... The only tool that one has is whats called "A Delay" and will only put pressure on ACC an not force anything So called and spoke with the "New" ACC CM #5 and he has a meeting this Friday and will call with a decision on the loss of earnings. Until then....Atlas Mon, 08 Mar 2010 09:32:43 -0600 http://www.accfocus.org/option,com_kunena/Itemid,636/func,view/catid,43/id,1668.html#1673 An invidious position to be in.. So much for the ACC legistation which states ACC must make a decision in a timely manner. IMHO your adventures with ACC are directly related to current anticipated policy and law changes as well as ongoing court proceedings related to your wifes claim. The recent Vandy vs ACC (http://www.accfocus.org ews ews ew-court-ruling-may-affect-cancelled-acc-claims.html) decision should have had seen a quick and positive outcome for your claim.. ACC however appear to have sought leave to appeal (http://www.accfocus.org ews ews/acc-urged-to-do-the-right-thing.html) that decision. I imagine that ACC will continue to operate illegally and will refuse to make a decision until their appeal to the High Court about the Vandy decision has been resolved. :( Mon, 08 Mar 2010 05:59:09 -0600 http://www.accfocus.org/option,com_kunena/Itemid,636/func,view/catid,20/id,1669.html#1672 "Just the thought of that accident was enough to make one cringe.." (relief with vigor)....RIP Sat, 06 Mar 2010 17:23:46 -0600 http://www.accfocus.org/option,com_kunena/Itemid,636/func,view/catid,20/id,1669.html#1671 Well that's a relief! (no pun intended) Just the thought of that accident was enough to make one cringe... Sat, 06 Mar 2010 13:23:43 -0600 http://www.accfocus.org/option,com_kunena/Itemid,636/func,view/catid,20/id,1669.html#1670 March 4, 2010 Autopsy: Man electrocuted through wire, not urine By The Associated Press Advertiser MONTESANO, Wash. -- Autopsy results show a Washington man was electrocuted by touching a downed power line with his hand, not through his urine stream, as first suspected. Grays Harbor County Chief Deputy Dave Pimentel (PIM'-en-tel) said the results showed 50-year-old Roy Messenger of Elma touched the wire and the current shot through his body to his feet. Pimentel said Thursday that Messenger may have been urinating at the time, but it had nothing to do with his death. Messenger's car collided with a power pole Friday, knocking down the wire, and he called relatives to help pull his car from a ditch. When relatives found him dead, it appeared he had urinated on the downed wire. Sat, 06 Mar 2010 12:21:39 -0600 http://www.accfocus.org/option,com_kunena/Itemid,636/func,view/catid,20/id,1669.html#1669 ** This thread discusses the content article: ACC refuses compensation to dead mans family (http://www.accfocus.org/index.php?option=com_content&view=article&id=1762&catid=100&Itemid=657) ** Sat, 06 Mar 2010 12:09:34 -0600 http://www.accfocus.org/option,com_kunena/Itemid,636/func,view/catid,43/id,1668.html#1668 I have read this forum as well the ACCForum forward and backwards seeking information about the process of “Sensitive Claims” and have found a wealth of information, so I thought it time to share our experiences ….so far. Background My Wife of 14 fantastic years was assaulted three times once in adolescence another at 13yrs and yet another time in 1995. Despite the strife she endeavored to complete a Nursing degree a comprehensive nurse specializing in the Psychiatric field and dedicated herself to helping young children who, like her had been assaulted and abused. After seven years and suffering numerous assaults by patents the constant reminder of her past began to take a heavy toll. Sensitive Claims In 22 of February 2005 she was again assaulted and begun to suffer PTSD symptoms her work place sent her to a counseling psychologist who submitted a sensitive claim to ACC, her claim was accepted 4 days later, the counseling sessions proved overwhelming and she elected to stop the sessions. One year later in 2006 she was admitted to the hospital via PSYC emergency service three months later she was released, diagnosed with PTSD and recurrent depression with psychotic features and informed by her Psychiatrist that she must resign her position and to never return to any form of Psychiatric service and needs to rethink a career in nursing altogether. Reactivation Throughout 2006 through 2008 she was in and out of hospital until March 5 of 2009 where she felt well enough to reactivate her ACC and was sent to an assessor in 21 October 2009 who (again) diagnosed her with PTSD and recurrent depression with psychotic features along with social phobia and OCD all four “Caused” by sexual assaults. The assessor’s view is she was re-traumatized during the years of work with children that had been assaulted and again recommended never to return to any form of Psychiatric service nor nursing. My wife is under the care of the public health system and the assessor recommended this not change. The assessor also recommended I remain my wife’s Caregiver as I have been looking after her full time as well as our three children for the past three years. Requested ACC Support So far we have submitted with ACC for; --Independence Allowance –Date 7 April 2009 --Weekly compensation loss of earnings –March 5 2009 --Attendant care---Date 7 April 2009 Current Today is our reactivation anniversary, one year ago we requested the sensitive claim to be reactivated, and within this year my wife has been through 5 case managers never told of the change she simply called and was surprised, today was the fifth case manager change, my wife resubmitted the disclosure form ACC167 seeing as they only last a year and then she was told, as she has been told for months, that her claim was still with Technical Claims. In fear of being in the same situation next year Monday she’s calling the complaints number. One year and she’s still waiting on the processing of a claim that was accepted 5 years ago, living from day to day on a Work and Income disability allowance who treats us like dogs if we ever need extra help…Hope this helps anyone who wonders how long the process can take. LOL Fri, 05 Mar 2010 19:48:01 -0600