About three months ago I injured my knee working out at a different gym to the one I usually go to. I had tried out the new gyms leg press machine not realising that the weight settings were different and and at the top of the first press I felt a twinge in my right knee. Although I stopped the exercise, by the next day my knee was quite painful so when I got the chance I went to the physiotherapist and claimed ACC on the treatment. I thought I had quite clearly explained that it was an accident, but a few weeks later I received a letter with ACC rejecting my claim. They had decided because I regularly go to the gym, that it was a progressive injury therefore not an accident.
I appealed the decision, but today got the paperwork with them rejecting the appeal. It now goes to an independent reviewer. I now have to spend more time getting together documentation, to make what I think is an obvious case more obvious.
Although I work out regularly the injury was on a piece of equipment I wasn’t familiar with, and on the first press. To me that is obviously an accident.
For all the paperwork, the time that I spend on this and ACC staff spend on it, the amount of money involved is around $140. I could just give up, and I suspect that is what they would like. But for me this is a matter of principle. It seems to me they are trying every excuse to indicate it was not an accident and that perhaps I am not being completely honest. That annoys me. I wonder who else they are trying this with? If someone goes out for a walk and trips over, do they consider it a progressive injury because that person regularly go for walks? I hope not.