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#41 gaffa09

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Posted 29 October 2015 - 11:26 AM

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couldn't  scan   so  took photo


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#42 gaffa09

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Posted 29 October 2015 - 11:27 AM

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notices   cab  52--53--59--  and  the  date  on  letter 


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#43 gaffa09

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Posted 29 October 2015 - 11:59 AM

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  you are  looking  at a blackout  from ACC files   There is many of  such  pages     WHY

can  you  read  them  I can;t

 many pages  can;t be  scanned  as well  the  scanner  can;t  read  them


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#44 gaffa09

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Posted 29 October 2015 - 12:11 PM

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Now  as for  the milk  run i  did  ride  with  greg   He  sold it  before my  accident  and  brought  a  taxi I believe it  was  cab 39

His  relationship   broke up  so  he  went  to Aussie  to live

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#45 gaffa09

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Posted 29 October 2015 - 12:23 PM

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                                         this  attachment   states  that i had  a molestation out on  me   this  is  bullshit

 

Now  as  for  her  father   there  was bad blood  between  them He  Did not  talk  to her  for many  years

I know  as i  used  to  take  my  children  to visit  up until   both  died  in   i think 1995   I am still uncovering  lies  from  ALL  meaning  My X  her  man  the  Get or  Motor mouth

this  guy  is  real  bad  news ==  But my  X  made her own  bed  so  she has  to lie in it

 

I  do have  personal  letters  from my  own children    2 especially   that don't have a  goods  work  for  there  mother

My lawyer has a copy of  them  


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#46 gaffa09

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Posted 31 October 2015 - 10:15 AM

My  files  are  that big  like  cupboards  full   and am having  trouble   going  through  them   still have  a lot  to  find  and  put up  for all to  read 


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#47 gaffa09

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Posted 31 October 2015 - 10:40 AM

ACCIDENT COMPENSATION CORPORATION

22 DEC 2003

22 December 2003

Mr Phil Heatley MP

109 Lower Cameron Street WHAN GARET


PREVENTION. CARE. RECOVERY.

Te Kaporeihana Awhina Hunga Whara

Whangarei
Level 1, Walton Plaza
3-5 Albert Street
Private Bag 9001
Whangarei, New Zealand
Ph 09-437 7800
Facsimile 09-437 7801
Freephone 0800 101 996
www.acc.co.nz

 

Dear Mr Heatley

I refer to a conversation between your electorate secretary and myself in respect of l-tter-sent to one of-your-constitacnts-Mrjohlrikuntley by the Minister-for ACC Hon Ruth Dyson.

I believe that Mr Huntley was concerned that the letter from the Minister contained an inaccuracy in that it stated "I understand the documents indicate a neck injury (although not a 'broken neck')". I undertook to investigate the situation and to try to explain why the comment was made.

I have made enquiries of ACC's Corporate Office and I have also examined the material provided from this office regarding Mr Huntley's claim.

I can advise that the Minister's office was informed that the first medical certificate on the claim clearly identified an injury to the left shoulder and neck, but not a "broken neck". Subsequent orthopaedic examination revealed bruising of the brachial plexus and a "left brachial plexus injury" was diagnosed.

I have concluded from my enquiries, that the Minister's letter to Mr Huntley was not meant to minimise the damage caused by the injury. I believe that the confusion is because there is no strict medical condition such as a "broken neck"

Mr Huntley has suffered significant damage to the joints in his neck and while this could be described in layman's' terms as a "broken neck" the-Minister appears to have been at pains to describe the condition in appropriate terms.

I hope that when this is explained to Mr Huntley he will understand that no disrespect was intended in the Minister's letter.

 

Yours sincerely

_....,------7

,                                                            -

Barry Davis

BRANCH MANAGER


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#48 gaffa09

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Posted 31 October 2015 - 03:57 PM

Dr. Alastair K. Wilson

B Sc.. M.B.Ch.8., Dip. Otrst, F.R.N.Z.C.G.P_

31 Dublin St., Wanganui Telephone (06) 345 3721

 

General Practitioner

ACC INDEPENDENCE ALLOWANCE ASSESSMENT REPORT

1 Heading

 

Name: Address:

Telephone:

Date of Birth:

--Date of Accident:
Claim Number:

Date of Assessment:


Mr John Huntley

24 Kawakawa Street, Wanganui East, Wanganui

343-3615 (home)

29/09/1941

22/11/1977

65/78/340709

23/06/1998

 

2.List of Received Medical Documentation

Report from Mr P Hunter, Orthopaedic Surgeon to Mr DS Steverffon, Solicitor 21/8/81.

Report from Mr G Taine, Orthopaedic Surgeon to ACC 8/6/82 X-ray Cervical Spine, Hawkes Bay Hospital Board 7/6/83 Cervical Myleogram Report, Hawkes Bay Hospital Board 17/7/86

Letter from Mr G Curtis, Neurosurgeon to Dr H Liley General Practitioner

10/7/86, 10/8/87

Letter from Dr S Peiris, Psychiatrist to Dr Litle 28/9/94 Report of Dr P Fleischl, Physician 18/10/94

Letter from Dr R W Hornabrook, Neurologist to Dr P Fleischl, Physician 22/11/94

Letter from Mr F Howes, Opthalmologist to Dr I Little, General Practitioner 30/12/94, 1/9/95

MRI Cervical Spine Report, Wanganui Computerised Imaging 23/8/95 CT Head Report, Wanganui Computerised Imaging 11/10/94

Letter from Dr R Hornabrook, Neurologist to Dr I Little 17/10/95 Letter from Dr P Baker, Neurologist to Dr I Little 6/4/95

Letter from Dr D Fung, Neurologist to Dr Little 18/9/96

Letter from Dr G Newburn, Neuropsychiatrist to Dr J Vaughan 25/9/97 Letter from Mr G Gillett. Neurosurgeon to Dr J Vaughan 29/9/97 Clinical Notes of Dr J Vaughan 21/2/96 - 25/5/98

3)Injury

a)Body part - Cervical spine

b)Nature and status of the medical condition

(i) The medical condition, injury to cervical spine is covered and non covered medical conditons have contributed to the impairment resulting from the covered medical condition.

 

(ii)The medical condition is a preexisting medical condition that is to be assessed for a change in the percentage impairment.

 

I  didn't  put up  the other  3 pages   it is  all shit  from  this  spin ACC doctor 


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#49 gaffa09

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Posted 31 October 2015 - 04:38 PM

                    E3 N7        Da catd C7 ZA. 3L      nazicyji_xxcy

163 Wicksteed St

Wanganui

Ph (06) 348 0081 Fax (06) 348 9011

Macpherson Mr Ian S 163 WICKSTEED STREET WANGANUI

Dear MR MACPHERSON,

Re: Huntley Mr John No 3 Line

R D 12, Okoia WANGANUI

Born

Exam date Ref by Our ref

25-Jul-1994

29-Sep-1941 22-Jul-1994

MR MACPHERSON

1795-94

 

EXAMINATION: - cervical spine

- lumb spine + lumbo-sacral join

•NICAL SPINE:

Previous fusion of C5/6 and C677; a little forward movement of C4 on C5. Marked degenerative changes to dorsal -interlaminar joints C2/3 and C3/4 with'bony eneroachment on adjacent foramina, most marked at C3/4 level on the left.

LUMBAR SPINE:

Early degenerative changes in disc spaces at L2/3, 1,3/4 and L4/5 level and -degenerativechanges . in _dorsal ir+erlatainar joints L4/5 L5/S1 level

Xray Report from: Dr R Gee


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#50 gaffa09

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Posted 02 November 2015 - 09:24 AM

REPORT TO ACC
RE JOHN HUNTLEY

Introduction

At the request of Mr Gerard McGreevey, Chief Operating Officer, and by direction from Dr Jan White, Chief Executive of ACC, I now present my report addressing the concerns raised by Mr John Huntley regarding his ACC claims.

I met with John at his home in Whangarei on 9 September 2006 and again on 17 February 2007. At both meetings, with John's agreement, Mr Baty Davis, the Branch Manager of ACC in Whangarei, was present. Present also at the first meeting was Mr Warren Forster, John's advocate/support person. Present at both meetings was a friend of John's, also a support person.

At the second meeting, I raised with John whether I should confirm with my report. He had suggested that I look at a website called ACC Forum to consider information relating to his claim for medical misadventure. When I did so, I saw that John had expressed some concern to a contributor to that site who had stated that I was corrupt. John unreservedly confirmed that he had confidence in me continuing with my report. I agreed at that meeting that I would provide John with a draft copy of my report, without the recommendations that I would make, in order to check for factual accuracy. I agreed that I would then be happy to participate in a telephone case conference with John and his advocate Mr Forster should he consider that to be necessary.

Because this report is an administrative matter, and not part of a statutory process such as a review hearing, I have avoided specific references to case law. Instead I have referred to general established principles which apply to ACC issues. I have also mentioned to John that ACC does not have to accept my recommendations.

 

2

The Report Writer

I am a Barrister in private practice in Christchurch. During my career, I have worked as a lawyer specializing in ACC and medical law. I have acted for claimants, for employers and for ACC. For a period of time I was employed by ACC as a Review Officer. During the course of that employment I worked as a relieving Branch Manager for ACC in Dunedin.

More recently, I have worked as a Reviewer on contract to Dispute Resolution Services Ltd (DRSL). I also hold a warrant in the judicial position of Tenancy Adjudicator at the Christchurch District Court.

Mr Huntley's Concerns

Although John has several accepted claims for cover with ACC, the concerns he expressed to me rincipally relate to his claims for a neck fracture which occurred ork3i, 0

tq .

November 1993 f

claim number 78/340709) and his declined claim for cover for medical misadventure (claim number xx).

At our meeting on 9 September 2006, with Mr Forster's assistance, he identified 35 separate issues. Following our meeting on 17 February 2007, some of those issues were resolved in the sense that discussions between us led to further clarification. However, John identified a further five issues which he wanted addressed.

For completeness, I will address all of the issues raised at both meetings, 40 in total.

The issues are:

 

3

1.                                      The calculation of earnings related compensation (ERC) from the date of John's accident in November 1977.

2.                                      The refusal by ACC to include John's taxi related income in the relevant earnings calculation.

3.                                      The refusal by ACC to consider payment for a housekeeper for a 41/2 year period commencing in 1979.

4.                                      John's disentitlement in 1980.

5.                                      John being answerable to the Fire Service and not to ACC.

6.                                      The non payment of ERC for a 6 week period while John was in hospital.

7.                                      The loss of his marriage and home in 1979 and 1981 and the treatment of him and his children.

8.                                      The incorrect calculation of ERC following the reinstatement of ERC in 1985.

9.                                      ACC's treatment of him generally and the labels placed on him.

10.                               The minimizing of his medical condition and the refusal to recognize the effects of myodil in his brain.

11.                               The refusal by ACC to accept some of the findings of the Appeal Authority Mr Cartwright.

12.                               ACC's refusal to pay legal fees when it wrongly calculated his ERC entitlement in 1985.

13.                               The stopping of his ERC on many occasions for various reasons.

14.              The payment ACC made to WINZ after his ERC was reinstated was wrong.

15.                               The use of the wrong codes by ACC when it paid him interest on the back-dated ERC.

16.                               ACC seeking the repayment of interest on his back-dated ERC.

17.                               The independence allowance being reduced from 80 percent to 8 percent.

18.              The wrong payment of lump sum compensation.

19.                               The refusal of treatment including physiotherapy and ambulance costs.

 

 

4

20.              The refusal by ACC to furnish assessors with all information relating to his accidents and medical condition.

21.              ACC lying to the Minister by stating that his claim was not for a broken neck.

22.              An application for review in 1998 not having been dealt with.

23.              The handling of his medical misadventure claim for the effects of the drug myodil.

24.              ACC not addressing the issue of stress and mental strain.

25.              The cost of legal fees.

26.              The loss of potential earnings.

27.              The suffering which his family and friends experienced.

28.              The issue surrounding ACC refusing to deal with his advocate of choice.

29.              The denial of access to the specialist of his choice.

30.              ACC not accepting medical reports which he provided at his cost relating to arachnoiditis.

31.              Payment for treatment and hospital expenses.

32.              ACC providing private investigators with personal information for the investigation of fraud.

33.              ACC not correcting specific information that was wrong.

34.              ACC not identifying the disease that he had.

35.              His past treatment generally from ACC staff.

At the second meeting on 17 February 2006, John referred to the following issues, some of which were noted at our first meeting. They are:

1.                  The manner in which ACC deducted tax from his back-dated ERC following Mr Cartvvright's decision and the fact that the DSW payment should have excluded non benefit matters.

2.                  The way allegations of fraud were dealt with by ACC.

 

5

3.                                     The fact that ACC deducted tax from the compounding interest which it paid on his back-dated ERC.

4.                                     The legal fees he had incurred.

5.                                    The most recent independence allowance assessment. The Issues Expanded and my Recommendations

1. The Calculation of ERC from November 1977

John's concern with the calculation of his relevant earnings, upon which ERC entitlement is calculated, is two fold. Firstly, he believes his relevant earnings were calculated taking into account a training wage rather than his full operational wage as he was on a training course at the time he suffered his accident. He considers that his earnings for the 12 months before his accident were not used in the calculation of his entitlement, but rather on the 4 week period before his accident. As a result, he considers that his relevant earnings were a lot lower than they should have been had the correct period been

 

taken into account.                     igi tt-a0

 

 

Secondly, he is concerned that increases in wages since his accident, taking into account rank and experience as a fireman in the Fire Service, have not been taken into account.

 

 

Recommendation                   7?., 4e-,

 

 

2. The refusal to include income from his taxi business in the calculation of relevant earnings

====================================================

 

this is just a few  pages  from  the  report 

Recommendations      no comment     but   john Greene   recommended   a payout  of $12-000  which i  got 

This  was  a bloody insult


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#51 gaffa09

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Posted 02 November 2015 - 09:35 AM

I would like  to link   my personal  story  to  the   myodil

Myodil is  under  === Go the  general lounge  click on that  and look  for  Myodil

 

Myodil ==Pantopaque  is  a drug injection  into the  spine  for  x-rays  it  was  discontinued  in 1987

There is other  drugs used  that  will cause  the  same  problem

It is   called  Arachnoiditis 

 


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#52 gaffa09

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Posted 03 November 2015 - 01:39 PM

Now  for  a summery   from  the  time i  was in  the  fire  service 

 Accident  20th November 1977

Last  day  at  the  fire service  Aprox  August  1978 Ngaranga  gorge   Worked  with Broken neck==  I loved  the  work== Accountable to Fire  service  not ACC== Fire  service  had my  statement  about  Taxis  took months   to  adjust  pay   now I question WHY

Owned  3 taxis  August  1978  Trained  2  drivers  one being  a [Redacted]   who  now  was  working  as a full time  taxi  driver  finished  his  training   aprox  mid 1977 Had  5  drivers  total  at  this  time ==  also working   as a fireman  cab 52==53==59  I  did  drive   on a part  time  bases 

First  taxi  owned  aprox== mid 1977

Admitted  hospital  aprox April 1979

 While  in Hospital  ERC  stopped  for  about  6 weeks

Had  injection  with Myodil 6cc=  aprox  April 1979 followed  by  OP was not informed of side effects  turned my life upside  down  specialist  Mr  Russell  Worth

Owned  a  single  story home   then had  addictions  added   aprox  same  time I was in hospital  report on  site  from  builder Photos on site 

[Redacted]  I  will call him  the GET== or motor mouth  took over  the  running of  taxis== x=wife  instructions

While   I was in Hospital  the Get  now not  only  took over  the running of  the Taxis  but   took over my X-wife  sleeping in my bed  with her 

I was unaware  that motor mouth and my  X   had written to ACC letters up on  site  In  there  letters  stated  about fence    that was completed  mid 1977

Milk run== My  mate   who i  worked  with in the  fire service  owned  a milk  run == back in 1977==  early  I  did  go  on the  milk  run with him  before  my  accident ==   just  for  the  ride 

Greg   sold  the milk  run  aprox  the  end of  1977 and  brought  a  taxi  Think it  was  cab  39== by  1979 early  sold it  to me   and  left  the  fire  service  to  live  in Aussie 

Came  home  from  hospital   to find  out A  brand new  pool  table == new  carpet=  and  furniture== had  been  purchased  Plus  the Taxi business  in   financially  trouble

 Then  came  ACC  notified   me ACC ERC was stopping  my  x-wife had  walked out  leaving me  with 5  young  children

Then  came  the  court   asking  for  money

ACC stopped  ERC aprox April 1980 

November  1979   I  employed a  live in house  keeper  to take  care of   the children and  the home  meals  and  keep an eye  out  on my  health  as  it  was not  good

The  x  and motor mouth  went  to court  without me  and  was awarded  a Taxi  an  chalked  up  thousands  of  dollars in my  name  Ho  yes  smashed   the  car  went  back  to court  without me and  got  granted  my new  car  to run as a taxi  that was  the  finished of  Taxis  and  home 

By  April  1981  had  lost  home  lost Taxis  and  was  thrown out on the street  so moved  to Hastings   to make  a new  start== well  that is  what I  thought

 

==================================================== more  to come

When We lost our  home   I  tried  to  start  a new  life  with my  5  children  Hyde and  my X had   nothing  to  do  with  them or  there  bring  up  what so  ever 


Edited by Admin, 04 May 2016 - 01:33 PM.
We have removed a name from this post due to a complaint received. If there are more concerns please contact the author/poster (John Huntley) direct to sort it out. Thank you.

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#53 gaffa09

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Posted 04 November 2015 - 06:57 PM

To all readers

I  received  a friendly  Phone  call from ACC corp Office Wellington this morning 

I  was   asked  to remove  a posting  regarding names and  details that I had posted  which   are on my files

I pointed out  that I  am wild over  the  way  my  case has been handled  and  that i  want  some   action

 He  pointed out  that under  the privacy act  he  could have it  removed   so  to protect the  site  and  the people concerned I have  removed   that posting 

Now ACC have  to notify  all names  that i have put  up and  go through all my  files  to find  the other  documents

 I  am sorry  to  all readers and  people  that names  went up

This  would not have happened If  ACC had worked on my files  and listened  to  what  I had  to say  and  to  given  me my  rightful  entitlements 

and   covering me  for   the myodil  and  the asbestos's  and other related  injuries and  entitlemants

cheers  

 

PS  now  this leaves a huge  question==== How much of my  information is in other   sufferers  files  


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#54 gaffa09

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Posted 06 November 2015 - 08:39 AM

I still have  to full in  the  gapes  on past postings  =

 

2015=

Had  another  blackout  smashing  my  head  against   the bed side  cabinet  braking  some of my  bottom  teeth ==  was  sent  to  hospital  to have  them all  removed   as the others  were damaged  as well   this  week  November 2015 just had  a plate made  so now have  both  top and bottom plates 


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#55 gaffa09

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Posted 10 November 2015 - 12:29 PM

It is now  the 10th of November 2015

As yet  no  response  from ACC by  way of  a phone  call e-mail  or  mail  regarding   the post  I removed  after   ACC phoning me  asking me  to remove it on post # 54

Am I  just  going  to be  taken  for granted  yet  again ==  No  apologies  I am sorry 

I  might have to take  this further  and in  fact how much of my information is in other  sufferers  files 


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#56 gaffa09

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Posted 15 November 2015 - 11:54 AM

try  this one

 

attribution_link

 

this  was on  TV3 news Mike  McRoberts


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#57 gaffa09

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Posted 26 November 2015 - 11:32 AM

What  do  you make of  this letter  from ACC arrived  this morning 

 

Te KapOrelhana Awhina Hunga Whara.„)

 

23 November 2015

Mr J Huntley

10 Ikatere Place Raumanga

Whangarei 0110

Dear Mr Huntley

Further to my email of 3 November 2015, I would like thank you for your patience whilst I have looked into your concerns.

I have read through your blogs and it has saddened me to read of your issues with the management of your claim and the personal situations you have been through. I certainly empathise with your situation.

Having liaised with Management at Whangarei Branch I have been advised a Mediation occurred on 19 September 2014 with the hope to seek some resolution for you. In the document, point five, your Barrister and Advocate, Dylan Miller of John Miller Law agreed to send original files in relation to your weekly compensation and home help attendant care entitlements to ACC for

consideration. Unfortunately, with your Barrister going on unexpected leave it was not until May this year that the Corporation began to receive the documentation required. On the 9 September 2015 a response answering all questions raised at the Mediation was sent to John Miller Law who confirmed receipt. Currently ACC are awaiting further instruction from your lawyer.

I am pleased to see your concerns raised are being addressed in the Mediation. Mr Huntley, I genuinely hope on the completion of the Mediation it will bring you some resolution.

Thank you for removing your post from the ACC Forum as requested by the Corporation on the 4 November 2015.

Mr Huntley, thank you for taking the time to write and I wish you well for the future.

Yours sincerely

Louisa Fellowes

Client Co-ordinator Executive Office


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#58 gaffa09

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Posted 26 November 2015 - 11:35 AM

When I  am up  to it   will post  a lot  more

Also  have  to  buy  a  new  printer  scanner  


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#59 gaffa09

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Posted 08 December 2015 - 11:10 AM

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Wellington lawyer says proposed tribunal for ACC appeals a worry

Rachel Wattierwattie@nzdoctor.co.nzMonday 07 December 2015, 4:47PM

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ACC discussion documentWhat are the barriers to access to justice facing injured New Zealanders engaged in the ACC dispute resolution process?

More resources for claimants battling ACC in court is what the system needs, not a specialised appeal tribunal says Wellington lawyer John Miller.

And that is what he will ask for in his submission on the proposed Accident Compensation Appeal Tribunal, announced yesterday by ACC minister Nikki Kaye.

Finding independent medical advice to counter ACC claims is very difficult in New Zealand, and more resources would give claimants the financial ability to find and engage suitable expertise, Mr Miller told New Zealand Doctor.

“If you are any good, you are busy, caring for the sick...” he says.

ACC minister seeks feedback on paper

ACC minister Nikki Kaye yesterday released a discussion paper on a proposed Accident Compensation Appeal Tribunal.

The paper invites claimant support groups, advocates and lawyers to submit feedback on how they would like to see the process for appealing an ACC decision changed.

In a media release, Ms Kaye says ACC declines about 3 per cent of the claims
 it receives each year; that's around 54,000 considering the total 1.8 million new claims received last year according to the agency's 2014/15 annual report.

Cases going through the courts take an average of 669 days, which is too long, Ms Kaye says.

Four options for appealing ACC decisions

The discussion paper suggests four options for appealing an ACC decision, which are:

* Retaining the District Court and current rules for dealing with accident compensation appeals

* Retaining the District Court and changing the rules for dealing with accident compensation appeals

* Replacing the current approach with an Accident Compensation Appeal Tribunal, made up of specialist tribunal members led by a tribunal chair

* Modifying the proposed tribunal to be led by a District Court judge.

Quality and independence key issues

However, Mr Miller says he is worried about the impact that introducing a tribunal would have, because a tribunal lacks stable judicial quality.

“I worry about the process, even if a District Court judge is the supervisor, because you can’t actually supervise,” he says. “You get written decisions from a tribunal member; it might look alright on paper, but you don’t know what is being left out.”

Furthermore, tribunal appointments have limited periods of tenure, meaning if the minister or the Ministry of Business, Innovation and Employment don’t like a decision, they can refuse to reappoint that person, he adds.

“There’s a lack of independence that’s possible with a tribunal.”

Majority of ACC reviews upheld

The number of reviews of ACC decisions has dropped from 10,000 a year in 2010/2011 to about 6000 a year now.

ACC’s annual report 2014/2015 states 84 per cent of those reviews were upheld and found in ACC’s favour.

Last year, about 450 cases were then appealed to the courts, Ms Kaye’s office confirmed to New Zealand Doctor today.

A report released in July by University of Otago Legal Issues Centre and support group Acclaim Otago, which examined 500 court decisions between 2009 and 2015, describes ACC as a “leviathan”, against which claimants have a low success rate.

“As ACC was always one party, they potentially have a significant advantage in litigation strategy, gaining precedents and all of the other advantages of repeat litigants identified in literature,” the researchers write in the report, titled What are the barriers to access to justice facing injured New Zealanders engaged in the ACC dispute resolution process?


Ms Kaye says Miriam Dean QC will carry out an independent review of Acclaim Otago’s research. A timeframe for this will be discussed within about two weeks, she says.

NZMA wants timeliness and consistency

NZMA chief executive Lesley Clarke says the association will definitely be submitting on the proposal.

It will be calling for a system that is: timely; where there’s good access for the claimant or anyone who needs to go through the process; where there’s consistency in decision making; and in which people will have confidence at the end of the day, Ms Clarke told New Zealand Doctor.

However, it’s very early days and the NZMA has not yet met to discuss its position, she says.

Like covering rust with paint

Mr Miller says the rationale for introducing a tribunal is that there’s a delay in hearing appeals at the moment, however the proposed scenarios won’t solve this problem.

“The real reason for delay really gets down to, when we are disputing a claim with ACC, they have all the time in the world and all the resources in the world to mount all the medical and legal evidence to dispute the claim ... So when the claimant gets the decision they are immediately on the back foot.”

It’s also partly because there haven’t been sufficient judges to hear the cases, Mr Miller adds.

The minister’s proposal is like painting a ship to cover the rust, Mr Miller says.

“It’s like the flag referendum – we have got four proposals here which really I don’t think will solve the problem."

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#60 gaffa09

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Posted 09 December 2015 - 12:01 PM

By John Gibb on Tue, 8 Dec 2015
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ACC claimant advocacy group Acclaim Otago has welcomed an announcement by ACC Minister Nikki Kaye that a senior lawyer will investigate access to justice issues highlighted in a recent report.

An Auckland lawyer, Miriam Dean QC, will undertake an independent inquiry into the issues in the ‘‘Understanding the Problem'' report, initiated by the advocacy group, and released in July.

And Ms Kaye also simultaneously announced the terms of reference for wider consultation, to be completed by next March, on a proposal to establish an Accident Compensation Appeal Tribunal.

Ms Dean was "a recognised expert'' in formal advocacy and alternative dispute resolution and was "well placed'' to undertake the inquiry, Ms Kaye said.

Warren Forster, of Dunedin, the lead author of the report, said the minister's approach in seeking the inquiry was "encouraging''.

Access to justice issues would ‘‘really benefit from a rigorous analysis by someone with access to government resources''.

The report's authors realised they did not have all the answers and it was "great that someone of Ms Dean's calibre and experience'' would investigate the issues raised, he said.

The July 2015 report found that barriers to justice facing many ACC claimants included:

● Insufficient access to the law.

● Access to evidence often difficult, including issues obtaining relevant medical evidence.

● Insufficient access to an experienced lawyer to defend claimant's interests.

● Claimants believed they were not ‘‘being heard'', and given a fair hearing by independent judicial officer based on evidence and law.

Acclaim Otago spokeswoman Dr Denise Powell said the minister had signalled a "collaborative approach'' to ensuring these issues were inquired into and addressed.

This was "only the beginning'', but it was ‘‘the first time in decades'' that the ACC law's effects had been considered.

john.gibb@odt.co.nz

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