Request for official information regarding ex Wellington Central Branch Case Manager Ms Jane Harding and WCB's notification to Clients of new case manager upon Ms Harding leaving.

David Lawson made this Official Information request to Accident Compensation Corporation

Response to this request is long overdue. By law Accident Compensation Corporation should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: David Lawson

Dear Accident Compensation Corporation,

It would be appreciated if you could arrange for the following official information to be provided to me in line with the Official Information Act 1982.

I am an ACC client who was transferred to the Wellington Central Branch in August 2015 and allocated Ms Jane Harding as case manager.

A quick search of my email correspondence shows that Ms Harding emailed me correspondence on the 10/08/17.

Government Services (Ref: 0051398) confirmed by emailed letter dated 1 March 2018, in response to an official information request, that Ms Jane Harding was no longer an employee of ACC.

OIA Request 1:

It would be appreciated if you could provide me with 2 copies of letters the Wellington Central Branch (WCB) forwarded to ACC client's for whom Ms Jane Harding was case managing through the WCB, that advised such clients that Ms Jane Harding was no longer case managing their claims, and introducing the new case manager and providing the new WCB case manager's name, contact email and phone number. For privacy purposes please black block/redact the ACC client's names, but retain all other details including the date the letters were sent and who the new allocated case managers were.

OIA Request 2.

Please confirm the date when the process of advising by way of letter Ms Jane Harding's ACC client base for which she was managing the information requested in OIA Request 1 detailed above, and the date when when the process was completed in full in that all Ms Harding's acc client's had been introduced to their new WCB case manager.

OIA Request 3.

Please confirm on an annual basis ( 1July -30 June), and include

(a) all part years specifying the number of months, from inception of the Wellington Central Branch, or Ms Jane Harding's first appointment to the WCB through to the end of ACC's financial year,
(b) the remaining subsequent full years from 1 July through to the 30 June that fall in between,
(c) together with the number of months from the 1 July 2017 through until when Ms Jane Harding ceased to be employed by ACC sometime between 1 July 2017 and 1 March 2018;

the following official information;-

(i) the number of ACC client's that Ms Jane Harding case managed for each part period between 1 July and 30 June, and each full year period between 1 July and 30 June, displayed in sequential years.

(ii) The number of the ACC claimants, on a yearly basis that were Long term claims receiving weekly compensation at the time of being allocated to Ms Jane Harding for case management,

(iii) The number of the ACC claimants, on a yearly basis that were not Long term claims receiving weekly compensation at the time of being allocated to Ms Jane Harding for case management.

(ix) The number of ACC Claimants on a yearly basis that had been transferred to the Wellington Central Branch from the ACC RIS unit, or from a case manager practicing RIS techniques, at the time of being allocated to Ms Jane Harding for case management.

(x) The number of ACC Claimants on a yearly basis that had been transferred to the Wellington Central Branch not from the ACC RIS unit, nor from a case manager practicing RIS techniques, at the time of being allocated to Ms Jane Harding for case management.

(xi) The number of the ACC claimants, on a yearly basis that were not Long term claims receiving weekly compensation at the time of being allocated to Ms Jane Harding for case management.

OIA Request 4

Context
In an article titled "ACC says bogus case managers for "high risk" claimants legal" authored by Cate Broughton and published on Stuff website https://www.stuff.co.nz/national/health/... on the 18:20, Oct 28 2018, confirmed that ACC acknowledged that managers of some claimants used pseudonyms.....being fictitious names when engaging with clients.

OIA Request 4

Please provide a written statement to me confirming to me as to whether the case manager name Jane Harding was a pseudonym, or fictitious name, used whilst the case manager whom case managed my claims between the periods referenced above, and who made decisions in relation to claims acceptance, entitlements, reviews and appeals.

OIA Request 5

In the event that the case manager's name of Ms Jane Harding, was fictitious, please provide me with a written statement confirming as to whether the person whom managed my claims, entitlements, reviews and appeals, still remains employed (or is now contracted to ACC) with the Accident Compensation Corporation, and whether that person has now adopted their real name, or another further fictitious name. This information is required so that I can seek written statements from the person who managed my claims during the period specified in compliance with section 23 of the Official Information Act 1982 for the purposes of OIA Requests 4 & 5 seeking disclosure in association with Ms Jane Harding's actions and inactions whilst case managing my claims, and for review and appeal purposes including calling to the stand if so required.

OIA Request 6

If Ms Jane Harding's name was real and not fictitious, please provide a written statement confirming the following;

(i) The month and year that Ms Harding ceased to be employed by ACC,
(ii) Confirmation as to whether Ms Jane Harding has since been re-employed or subcontracted back to ACC between the period Ms Harding ceased employment from the date to be confirmed in OIA Request 6 (i) above, through to present.
(iii) confirmation as to whether Ms Harding and ACC have an understanding of future reemployment and or guaranteed subcontracting work which has yet to come into effect.

OIA Request 7

Please provide me with a PDF copy of the Wellington Central Branches letter informing me that Ms Harding was no longer my case manager, and which informed me as to who my new case manager was within the Wellington Central Branch, and that confirming their contact email address and phone number.

OIA Request 8

Please provide me with a written statement confirming the name of my current case manager within the Wellington Central Branch, their contact email and phone details, and when they were allocated to me, and if I have not been formally notified, as to why I was not formally notified of a change in case management.

OIA Request 9

Context:

Ms Jane Harding was representing ACC/ and then liaising with ACC's legal representation in matters associated with reviews; 4047586,4047587, 4049595, 4066110, 4047586, and 4047587.

Please provide me with a written statement as to whom has taken over this role within ACC and now communicates with the Corporation's Legal representation through Medico Law. Please confirm if it is either Mr Mike Mercier, or one of his legal team, or whether a case manager outside of Mike's legal team who has not yet introduced to me is dealing with ACC's legal counsel at Medico Law. I look forward to hearing back as to whom my point of contact is within ACC so that I can address a number of other matters also outstanding by related to matters raised in my OIA requests today.

I would appreciate the above information being returned to my personal email address being [email address], since some of the information may be of personal nature.

I thank you for your time and assistance and look forward to hearing back from you in due course.

Yours faithfully,

David Lawson

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From: Government Services
Accident Compensation Corporation

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From: David Lawson

Dear Government Services,

I refer to my earlier OIA Requests lodged yesterday on the 2 April 2019, titled Request for official information regarding ex Wellington Central Branch Case Manager Ms Jane Harding and WCB's notification to Clients of new case manager upon Ms Harding leaving.' which can be found at the above website.

I have recently received from ACC a c/d (Ref: CF_47512) which appears to containing limited and selected information held under my ACC claims numbers 10029158387, 10029250341, and 10030172374 for which ACC staff have chosen to save onto their system under each claim number.
A significant amount of information corresponded with ACC case managers from myself remains missing from all three of the above claim files.

Having commenced reviewing the information provided, further official information is required for my pending appeals and reviews associated with the claim numbers 0029158387, 10029250341, and 10030172374, which is also associated with Ms Jane Harding whom was allocated reviews associated with these claim numbers as noted in the context provided further below.

I therefore request that the Corporation provide additional written statements pursuant to the Official Information Act 1982 in relation to my additional OIA Requests. I am happy for the Corporation to commence the first day for all of my OIA requests lodged today as at 3 April 2019, since these additional OIAs have been lodged after business close on 2 April 2019.

OIA Requests 10 (a) and 10 (b)

Context
Ms Jane Harding's name was on the title of the REVIS04 dated 13-09-2017 under claim number 10029250341 confirming that ACC had received my review application with the opening paragraph reading;

"Thank you for sending us your application for review in regard to cover and entitlement formally claimed for on the 20 June 2016"

On 17 May 2018 ACC employee Ms Renee Yee, as recorded on the ACC a c/d (Ref: CF_47512) created 17 October 2018 recently received, on page 18 of the claim summary report for claim number 10030172374 states and I quote;

Party: Mr David Lawson
Contact date/time: 17-05-2018 10.32
Reason: Contact with Internal Party
Last update date/time: 17-05-2018 10.36
Discussion with: Renee Yee
Description : ***Please Note Copy file on CD with x3 claims Couriered to Client with track and trace no E2080076765 has been returned to ACC with a note " No response to card left and phone call" Forward this to Wellington Central Branch, Attention : Jane Harding
Contact Method: Other
Direction: INTERNAL

OIA Request 10

(a) Bearing in mind that I was advised by government services on the 1/3/18, as noted in my earlier OIA Request of by formal letter that Ms Jane Harding was no longer employed by ACC please provide me with a written statement that clarifies how over 4 months later on the 17-05-2018, Ms Renee Yee forwarded the returned c/d to the Wellington Central Branch for the attention of Jane Harding.

(b) Please provide me with a written statement as to who at the Wellington Central Branch took receipt of the c/d and why I was not contacted by email to be advised that the c/d had failed to be delivered and returned to ACC.

I am happy to have both sets of my OIA Requests through this thread titled "Request for official information regarding ex Wellington Central Branch Case Manager Ms Jane Harding and WCB's notification to Clients of new case manager upon Ms Harding leaving.' provided to my personal email address supplied on the 2 April 2018, and since I would like them handled together you can start the first day of my request for these request to start from Today.

It would however be really helpful if you could under urgency prior to the end of business close this Friday being by 4.30 p.m. on the 5th April 2019 advise me whom Brenda Joines is, and whether Brenda Joines is a member of the Wellington Central Branch case management team. Please also request Brenda Joines to contact me by email at [email address], should Brenda Joines be from the Wellington Central Branch claims management team and be appointed as my case manager. There are a number of outstanding and unanswered questions that I would like to pose to a Wellington Central Branch Claims Manager

I thank you for your time and assistance and look forward to hearing back from you at your earliest convenience.

Yours sincerely,

David Lawson

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From: Government Services
Accident Compensation Corporation

Kia ora David

 

We have sent our response to this request to your personal email address.

 

Ngâ mihi

 

Emma Coats

 

   
       
Emma Coats, Manager OIA Services, ACC  
    ACC / OIA Services 2385 / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / New Zealand / [1]www.acc.co.nz  
 
  ACC cares about the environment – please don’t print this email  
    unless it is really necessary. Thank you.

 

 

 

 

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From: David Lawson

Dear Emma Coats

Thank you for your email received today responding to the 9 OIA questions that I lodged through FYI on the 2/4/19.

Thank you for your responses to my OIA requests 1., 2., 4., 5., 6 (i), 7

I look forward to receiving Wellington Central Branches' letter you have indicated is pending which is advised as addressing the action/inaction as the case may be in relation to the management of my claims following Ms Harding's departure from ACC.

It is noted that that the Corporation has not released the official information requested in my OIA request 8., and 9, and should this information not be received by me by the end of business close today the Corporation will be in breach of the Official Information Act 1982.

In terms of OIA question 3, I will review and readdress this matter over the coming week with the Corporation.

I am however able to respond to your comments with respect to my OIA requests 6 (ii). and 6 (iii) which you have declined to respond to under section 18 (h) of the OIA Act.

OIA Request 6 (i), (ii) and (iii) lodged 2 April 2019 requested the following information for which 6 (i) has been responded to satisfactorily.

If Ms Jane Harding's name was real and not fictitious, please provide a written statement confirming the following;

(i) The month and year that Ms Harding ceased to be employed by ACC,
(ii) Confirmation as to whether Ms Jane Harding has since been re-employed or subcontracted back to ACC between the period Ms Harding ceased employment from the date to be confirmed in OIA Request 6 (i) above, through to present.
(iii) confirmation as to whether Ms Harding and ACC have an understanding of future reemployment and or guaranteed subcontracting work which has yet to come into effect.

Further background outlining why I seek valid OIA answers to my Requests 6 (ii), (iii);

Ms Harding was my case manager through the Wellington Central Branch between August 2015 through November 2017. During this period from Jun to September 2016. I lodged with the Corporation via email to Ms Jane Harding, additional classes of injury claims, and associated specific entitlement requests under 6 existing claim numbers. Ms Harding failed to arrange these covers or in fact arrange for decisions to be made on my valid claims.

Following 2 months post claims lodgements in 2016, Ms Harding was made aware by correspondence that the Corporation was in breach of Section 58 (1), (2) (a), (b), & (c) for not providing me with deemed decision letters which specified the deemed additional classes of injury covers for ACC having failed to have had made a decision, together with confirming that the associated entitlements that I had sough were also deemed as being covered as entitlements. This lead in a delay of well over 2 1/2 years for 5 the Section 58 letters to have been supplied, albeit with the Corporation having failed to have had included in the letters of deemed covers the specified entitlements that I had originally formally requested, or had requested at review.

I respectfully request that you review your section 18 (h) declinature of my 2/4/19 OIA requests 6 (ii) and (6iii) above based on the following.

6 (ii)

I know plenty of people whom have taken time out of a job, for either training, health reasons or new opportunities, whom have returned to their previous jobs for various reasons.

Under section 23 of the Official Information Act 1982, I have the statutory right to request written statements from Ms Jane Harding if she has been reemployed, or subcontracted back to ACC, since she had left in November 2017.

I also have the right to call Ms Harding to testify in pending review hearings, and provide testimony under oath before a District Court judge in pending appeals should Ms Harding have had been reemployed, or subcontracted back to ACC, since she had left in November 2017.

(6iii)

It is not unheard of companies transferring staff sideways, or to subsidiaries or requesting that the employee takes a break from the company for a specified time as parts of their risk mitigation strategy when a company's image is put at risk by an employee. A case in point is when a Minister of the Crown has been seen to have miss-lead their leader or parliament.....several which have returned to prominent roles after being sanctioned.

As per my earlier OIA Request 6 (ii) under section 23 of the Official Information Act 1982, I have the statutory right to request written statements from Ms Jane Harding if she has been reemployed, or subcontracted back to ACC, since she had left in November 2017.

I also have the right to call Ms Harding to testify in pending review hearings, and provide testimony under oath before a District Court judge in pending appeals should Ms Harding have had been reemployed, or subcontracted back to ACC, since she had left in November 2017.

If Ms Jane Harding has committed to returning to ACC employment which has yet to recommence, I would request being allowed to await until her return so that I could legally exercise my rights under section 23 of the OIA Act and request Ms Harding's presence under testimony and oath at review and subsequent appeals.

My OAI requests dated 2 April 2018 of 6 (ii) and 6 (iii) have simply been requested to establish if Ms Jane Harding has returned to employment or subcontracted work with the Corporation , or is tethered to the Corporation by agreement that after a certain period of time away, be it for illness, holiday, study or being sanctioned, Ms Harding and the Corporation have agreed to recommence an employment and or subcontracted agreement. In addition to the situation raised above, there are more matters that I would like to seek further written statements from Ms Harding if she has returned to work in any capacity with the Corporation, or has an agreement with the Corporation to recommence employment in the future.

My ability to seek transparency from both Ms Harding and the Corporation over matters that have substantively delayed my access to being able to receive the treatment and rehabilitation for unhealed injuries has a high level of public interest as in the fact that if Ms Harding had either returned to work at ACC or had an agreement to return to work for the Corporation in any format then I would be able to exercise my rights under statute and law which I have outlined above. Therefore my OIA requests 6 (ii) and (6 (iii) under my OIA dated 2 April 2019 are neither frivolous, vexatious, nor trivial.

It would also be appreciated if you could confirm that I will receive no later than business close tomorrow my additional OIA requests 10 (a) and 10 (b) that followed on the 3 April 2019 which have yet to be responded to.

Thank you for your time and assistance Ms Coats I look forward to hearing back from you and am happy to receive the information in this instance returned to my personal email account for which you already know.

Yours sincerely,

David Lawson

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