Counters to ACC choosing Assessor

I recently beat ACC at two Reviews. The issue of ACC choosing the Assessor came up and I was allowed to put in submissions on the matter. Those submissions are now out dated but I left the ACC response to them here as it is very educational. 

The first hurdle was the one ACC has used to avoid Reviews on the matter and that is the matter of jurisdiction. The second was to come up with material reasons as to why ACC choosing the assessor did not meet the requirements of the Accident Compensation Act 2001.

I asked for rulings which was not correct as that is not what Reviewers do but I got a view and ACC did not appeal. In fact if you check out ACC's response to my submissions you will see just how solid their footing is on the matter. You will be surprised. 

If your GP and or treating specialists recommend assessors ACC will find it difficult to convince the appeal officials that ACC is better placed to make what is essentially a clinical decision. 


This submission must be introduced into IRP negotiations to be effective. It should be considered a preventive and not a cure. 

I have since revised and refined these arguments and I have produced a generic submission that can be used by anyone. Submission ACC Assessor V.1 

The outdated submissions were the submissions I used at Review but I have since refined and strengthened the original arguments.  

Obviously I give no guarantees and it will be of case of seeing who blinks first. Unless you are an Advocate or one of the forum heavy hitters who has a good understanding of the legislation then I recommend you stick to the submission as it is written. 

Anyone can use this submission at their own risk. 

If your CM tries to send you to their assessor you may want to use this to try and defend yourself. It should also be useful for Review, IRP negotiations and of interest to your GP.

If the Corporation produces any arguments or reasoning (it has failed to date and I have used arguments contained in the submission before) please email them to me at 

This way I can work on any counters they may produce (if they can) and strengthen the arguments if required. The submission may be updated from time to time. This is version 1.
Alex Lupine,
Sep 26, 2012, 12:46 PM
Alex Lupine,
Sep 8, 2012, 9:25 PM