'Mistake not grounds for review' - ACC

Published: 2011-04-18 09:55:49

  A Levin man locked in a battle with ACC has been told by investigators a mistake on a claim form filled out by his chiropractor was not grounds to review their decision not to provide cover.

David Smith, 53, is getting no help from the government corporation for a neck injury which left him suffering a severe hearing disorder, because he says his chiropractor misdiagnosed him on the claim sheet.

Mr Smith visited his chiropractor for a minor shoulder injury on October 4, 2006.

He said he left with a pain in his neck, and less than 20 minutes later an "intense whining noise" developed in his ears. Mr Smith said he went back to the chiropractor but the problem was made worse.

A copy of the chiropractor's ACC claim, obtained by the Manawatu Standard, says he diagnosed Mr Smith with tinnitus before his session and manipulation of his neck and shoulders only "exacerbated" it.

Mr Smith said he had never had tinnitus before that incident and he believed the ACC claim made by the chiropractor to be "false" and out of his scope of practice.

The Manawatu Standard has not named the chiropractor for legal reasons.

An email from a claims assessor to an associate of Mr Smith said: "ACC wouldn't accept an audiology claim from a chiropractor, it would come up in our system that it was out of their scope of practice and we would then contact the client to advise they needed to confirm the diagnoses with a GP or audiologist."

Mr Smith said he received no such advice.