The Review Process

What does the review process involve?

Generally the ACC Review process is available to anyone who has a claim with ACC and disputes a decision that ACC has made about their case.

Dispute Resolution Services Limited (‘DRSL’) is the company set up to deal with the review process. For an excellent detailed description of everything you need to know about review please see the hyperlink below

http://drsl.co.nz/dealing-with-disputes/acc-disputes-reviews/how-review-works

Who are DRSL?

DRSL handles the administrative side of the review process and appoints an independent reviewer to hear the review. Dispute Resolution Services is a subsidiary of the Accident Compensation Corporation (ACC). It was set up in 1999 and became a stand-alone entity offering ACC Reviews and other dispute resolution services to the public and private sector market.

Though DRSL is wholly owned by ACC, it is totally autonomous of ACC and guarantees total independence in its work. Under section 138(1) of the Act the reviewer must act independently.

DRSL has offices in Auckland, Wellington, and Christchurch and also holds hearings in many other locations throughout New Zealand.

Where will the review hearing take place?

The review hearing will usually take place at the most convenient DRSL hearing location for you. DRSL hold review hearings in approximately 25 locations throughout New Zealand.

Do you as the claimant have to attend the review hearing?

No. No one can make you attend the review hearing. We can make legal argument in support of your case in your absence if you choose not to attend. However we think it is important for you as the claimant to attend and give evidence.

We always recommend that our clients attend the review hearing. In very rare circumstances the reviewer will allow the claimant to give evidence over the telephone. If there is some reason you would not be able to attend a review hearing but want to give evidence then you need to notify us as soon as possible. This will enable us to ask the reviewer in advance if he or she would be prepared to accept evidence form you over the telephone.

What will we do to help you before the hearing?

We will prepare your case fully and properly. This may involve obtaining further medical evidence, negotiating with ACC, participating in mediation, liaising with DRSL and writing both an evidential statement for you and legal submissions. Ultimately we will do everything to ensure that your case is advanced in the best possible way.

Will you get further evidence from my treatment provider?

Normally in all cases we recommend obtaining further evidence from your treating surgeon or treatment provider. We believe that their evidence is pivotal in determining declined treatment cases. Your treatment provider may charge a fee for providing a further report.

Although you would be responsible for that fee initially we would seek to recover this from ACC. The amount the reviewer can award for such fees is limited to $915.20 which usually more than covers the cost of the report. We would not request a report from your treatment provider without obtaining your prior approval and checking the likely cost.

What will we do at the hearing?

With the permission of the reviewer we will introduce your evidence. This will be in the form of the statement we have drafted on your behalf. We will make legal arguments which will follow the written legal submissions we prepared in advance of the hearing. We will also respond to ACC submissions and deal with any other matters.

To attend the hearing you may lose earnings and incur travel costs. Can you reclaim these?

The reviewer is able to make an award for lost earnings or travel expenses in attending the hearing. This is usually requested at the end of the hearing. These expenses are capped and are at the reviewer’s discretion.

How long does the process take?

The time the process takes can vary. Once an application for a review has been filed the reviewer controls the process. The reviewer has an obligation under the Act to adopt an investigative approach and to conduct the review in a timely and informal manner. The reviewer must set a hearing date within 3 months of the review application being lodged. The case need not be heard within that first 3 months, but a date must be set within that period. A claimant can agree to waive that time limit and there are circumstances where we would do this, for example if we needed to get further medical evidence. After the review hearing has concluded the reviewer has a statutory obligation to provide their decision within 28 days.

There is no precise answer therefore as to how long the process takes. We do everything we can to ensure that your case is prepared as fully and promptly as possible.