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Flannagan v ACC: 5 Years on, an Update

March 23rd, 2013 by Madeleine

On Tuesday 26 March 2013 it will be 5 years since I was in a car accident that destroyed a cervical disc and saw me need surgery to have an artificial disc inserted and which left me with an ongoing pain condition and a habit of dropping things and having tingly episodes in my hands – still!

At the time of the accident I was on track to become an in house counsel for one of NZ’s leading brands; the company were paying for me to complete my law degree.

Initially ACC covered my income and treatment costs (well, part of them). They did not cover the part of my remuneration which related to my university fees and text books.

They sent me to see a specialist who is considered by many within his own field and has been found by the court to have, in the face of contrary evidence, “stuck to his tried and true assertion that degeneration is the cause” (read the judgment in Lu v ACC). He made no exception for me stating that was his diagnosis as I entered his rooms, before he asked me a single medical question, before he saw my scans. Matt was with me and saw this.

ACC cut my cover after he wrote his report. This spun us into significant hardship. So I hired the best ACC lawyers I could find. I took ACC to a review hearing conducted by ACC’s own reviewer. I lost. My lawyer told the court I would appeal. Two other specialists have now examined me and my files, both agree my condition is the result of an accident, both have written evidence for the court stating this. My lawyer has written her submissions. Yesterday Matt and I swore our affidavits, which we wrote ourselves and had my lawyer vet. This coming week my appeal will finally be filed. I hope to have a court date this year.

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5 responses so far ↓

  • Hope you win, and win BIG!

  • I do not understand how these people sleep at night making acts of injustice like this!!

  • In my experience ACC staff make the Gestapo’s goons look like amateurs. Yes, there are rare exceptions.

    Presumably ACC started with an (alleged) agenda of helping people. So, why is the ACC a pitbull at corporate and individual levels? When people are given power they are corrupted by it in almost every case, because power feeds pride. Thus their pride becomes a larger monster which demands more food, and it is temporarily sated by exercise of power (control). It is safe to assume that Barack Obominable likes signing kill lists for the same reason, because their is no greater power – feeder of pride – than the taking of life.

    A psychologist who has many dealings with ACC told me that you have to be a sociopath to work there. Sociopaths get their jollies by controlling people, including denial of money and medical treatment. To put it another way, if you want to torture people you can legally do so by working for ACC, and get an income while skipping all the hassles of keeping a victim in your basement.

  • From my experience you go to court to get the law interrupted not justice or common sense.

  • Incredible that you have to go through all this hardship. I wish you the best of luck with the appeal.