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It started as the best day for Charlene Logan - her daughter’s 18th birthday celebration at an Auckland arcade with fun, games and lots of laughter.
But it ended in pain and tears when Logan was suddenly injured, and five years on she is still fighting to get the medicalhelp she needs to get back to her normal life.
In July 2018 Logan was at Archie Brothers in Newmarket with her daughter, friends and other family to celebrate the milestone birthday.
While she sat in a stationary dodgem car waiting her turn to get out at the end of the session, another partygoer rammed into her from behind.
The force caused Logan’s head to snap forward and then back and she had “instant numbness and tingling” in her body.
ACC covered her initially - for her treatment and time off work.
However, it has refused to cover surgery that could reduce the pain she still in daily almost five years since the accident.
During her treatment, it was discovered Logan has a degenerative condition affecting her neck.
Three specialists have said that the accident was the primary cause of her neck pain and surgery was the only suggested solution.
But ACC has ruled that while they accept her neck was injured, the surgery is a direct treatment for the previously undiagnosed condition.
It will not fund the operation or cover Logan for the likely 12 weeks she will need off work afterwards.
Fortunately, she has insurance so will not have to pay for the procedure but is unsure how she will manage financially afterwards.
“I really am not debating that the scans revealed a pre-existing condition in my neck, I can accept that,” she said.
“What I can’t accept is that I went to Archie Brothers that morning to have a fun day with my daughter and friends to celebrate her birthday with zero symptoms, a happy, easygoing, positive person.
“I came away from there in an ambulance in screaming pain, and have lived in pain ever since.
“I’m 100 per cent not the same person I used to be, and for them to say they can’t find a connection between the injuries seems ludicrous when the specialists have said that it is.
“I just feel massively let down, I really do… it’s just not fair that they can do that.”
Charlene Logan's life has not been the same since the accident. Photo / Michael Craig
ACC did not dispute the accident nor the neck injury - however, it is adamant that surgery recommended is to treat Logan’s pre-existing condition.
Thus, it will not cover her.
Logan sought a review of ACC’s original decision which was upheld.
“The condition was definitely not caused by her accident, but did predispose her to injury which is a relevant consideration,” said the reviewer.
“The injury and its symptoms have mostly resolved and Ms Logan now more likely continues to suffer the effects of her (pre-existing condition) which she has had all along.
“Surgery would therefore be directed at treating the effects of the condition and I do not agree that this should be funded by ACC - it is substantially directed at treating the effects of the underlying problem and not the injury.”
Last week ACC deputy chief executive for service delivery Amanda Malu said she was sorry to hear about Logan’s case and acknowledged it “must be a difficult time” for her.
“Charlene’s specialist asked us to fund surgery to fix her neck pain. We disagreed because the medical evidence suggested the surgery was to address a pre-existing spinal condition,” Malu maintained.
“Because we couldn’t find a connection between this pre-existing condition and the injuries suffered in the accident, we were unable to fund Charlene’s surgery.
“This decision was challenged and upheld at review.”
Malu said the claim would not be reconsidered unless there was “new medical information” provided.
“And we encourage Charlene to get in touch with us if she would like us to look at this information… ACC can only fund entitlements and support related to a covered injury.”
Logan said she has done all she can to try and fight her cause and felt defeated.
“I was not aware of anything wrong with me until this accident.
“Prior to (the incident) I had zero symptoms of any kind of pre-existing condition. I have had accidents in the past - and even in fact particularly where my neck was involved as part of claims, claims which ACC covered.
“How can it be said with absolute certainty, that the pre-existing condition did not start at this event? How can any of us know when this started if I never had any symptoms of it?
Charlene Logan was injured at her daughter's 18th birthday celebration at Archie Brothers when the dodgem car she was in was shunted by another partygoer accidentally. Photo / Archie Brothers
She said the morning of her accident she was a “happy, healthy person” living a great life with her husband, young children and teenage daughter.
“However, my whole life changed on that day,” she said.
“I have seen many specialists who have indicated the impact caused this issue, but ACC have made their decision,” she said.
“I’m on nerve medication and I need the surgery ASAP, as I have been told I am taking a risk each day. Further trauma could be catastrophic.”
Logan said she had experienced “some really dark days” and wanted desperately to feel better but she was stuck until she had the surgery and increasingly worried about how she will cope afterwards.
“I suffer from daily pain, along with so much anxiety and PTSD – I’m feeling so stressed out about how I will recover from this surgery,” she said.
“I cry all the time… it shouldn’t be like this, it’s really awful.
“I feel like I’m just worth nothing… I don’t like to do anything anymore and I don’t let my kids have any fun because I constantly worry something is going to happen to them.
“I have good and bad days - when they are bad, they are really bad… it’s just a daily worry but I try and find a way to work through it, but it’s been three years now and it’s exhausting.”
