May 6, 2011

Jansen LOSES Legal Action

This morning, I filed my defense against Jansen's "claim" of defamation. By 3pm this afternoon, he'd released the following statement.



STATEMENT BY DR PETER JANSEN

ACC has informed me that the investigation I requested has concluded that I never accessed any personal information held by the Corporation regarding “k1w1jax”.

As k1w1jax was a pseudonym, I did not and could not know that she was an ACC claimant for a mental injury at the time she was making defamatory comments about me on her blog.

Now that the allegation of improper use of ACC information has been shown to be wrong, I have instructed my lawyer to withdraw the legal action against her.

While I continue to regard the statements made on her blog as defamatory, and would obviously prefer that she withdrew them and apologised, as a clinician I appreciate that her recovery must take precedence at this time.

ENDS

There will be no interviews.

My response:

Acc released information to Jansen about whether or not he accessed my personal information? Isn't that like asking the ferret if he ate any chicken's while on watch? Where's the Public Release of this information?

He did not withdraw on the basis of this "invasion of privacy" investigation was settled. He withdrew cause he knew my defense included the absolute and undeniable incompetence of him as a contractor to ACC and that any continuation of the matter would have brought ACC, as an Organisation, into the whole debate.

Now he wants to paint himself "whiter than white" by making out his "surrender" is because my recovery should take precedence. Well okay, so what's the guts? Is my file actually going to get some of that dust blown off it now? Is ACC going to be contacting me to see what they can do to help in that so-called presidential recovery process? Come on ACC - not like you don't know where to send docs or anything - just ask Jansen!

At the risk of insulting the poultry community - Jansen is nothing more than a chicken shit! I hope he learned his lesson - NFWAB.

So Jansen... if you only knew me by my blog name Jax, then what quantum leaps did you legally take to get to my full name and confidential address to serve those papers? I feel a tui advert coming on....

My advice to Jansen is this: Put all that testosterone into helping victims who, even if they were successful in their claim, would never get a percentage of what "value" you placed on your own personal ego.

32 comments:

  1. So why did ACC disclose the outcome of their investigation to him and not to you? Especially when this was a private law suit? Why are they releasing information to him? Also have ACC ever contacted you since all this broke in the media etc?

    And how did Dr. Jansen manage to serve papers to you at your address if the only information he had was your k1w1jax details? They are a bunch of corrupt CIP's the lot of them! Old boys network at it's best. Makes me sick!!

    And this.... "as a clinician I appreciate that her recovery must take precedence at this time." If this is the case, why does he tell Dr. Jan Reeves to also threaten legal action against ACC Sexual Abuse Claimants when they "defame" her??

    Chick shit Peter Jansen..... would of loved to have seen you in Court being made accountable for your bullshit pathway!

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  2. Umm glaring error on Jansens behalf. How did he know you were an ACC claimant for a "mental injury" if he didn't access your file? As far as I recall that is the first time it has been mentioned anywhere and that's including your blogs.

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  3. How true..... if he claims to have NOT known I was an ACC Claimant then he admits to having NEVER read my entire blog or anything else relating to ACC. In other words, NOT ONCE did he see the blog in context of Satire and honest opinion and as a "qualified privilege". All defenses against so-called defamation.

    So this REALLY was about his pathetic ego! It sure has hell had no legal basis!

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  4. Incompetent buffoon can't even be a buffoon competently?

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  5. Jax, the thing is that Jansen never had a shit show in hell of winning because you would have had support from hundreds of ACC claimants who would have all provided you evidence with how f**king incompetent Jansen really is to support Doctors across NZ joining forces would join forces with you and paying your lawyers bills just to see Jansen taken down.

    A court case would be embarrassing for ACC whoe would be found quilty of employing a bunch of looser/hopeless/drop-out/dubious/poor standard/suspect doctors/medical advisors without any integrity, without morals, without professional standards, without ethics and without adherance to the standards set by the NZ medical council.

    Jansen would be found out to be a liar if he went on the stand. Because Jansen doesn't read files - he hasn't got the time. Lets be realistic- his Branch Medical Officers write the opinions. Jansen just signs off the opinions which quote that Jansen states to having read the reports on file. Total crap. Total lies from Jansen. He has't read the reports when me makes a decision.

    If Jansen was put on the stand under oath and asked if he had read claimants files the answer would be "NO".

    Jax he would have no idea who you were - another than through a vanity google search of his own name. That would have prompted him to learn more about you through ACC.

    Jansen doesn't know the meaning of the word - balanced' opinion on the 'balance' of evidence.

    If Jansen was a real doctor in the real world, you'd be dead based on his unbalanced decision making. Shit you wouldn't go to him if your life depended on it.

    Jansen has one agenda - a financial agenda to assist ACC save money/achieve acturial gain.

    Why does't the Medical Council deal with this sort of shit. Jansen gives the medical profession a BAD name and destroys the credibility and integrity of the public service at the same time.

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  6. good oneJ ax - I can only agree with your comments and especially that:-

    Jackass Jansen is nothing more than a chicken shit...and so full of his chicken shit that he forgets how he has shit on people!!

    And as for his statement that "recovery must take precedence at this time"...what a crock of more chicken shit coming our his rotten mouth.

    Since when did anything that he does under his pet project the clinical pathways guidelines EVER TAKE ANYONE'S RECOVERY AS BEING A PRECENDENCE???

    A review of my claim found that Jackass Jansen unreasonably delayed making a decision about my weekly compensation for TEN long long months. Others like Jax and so many more have suffered in the same manner.

    And he calls recovery as his precedence??

    YEAH RIGHT. What an idiot to the extreme.

    Seriously, this guy is so way off the planet that I can only conclude again, that aside from being full of chicken shit he remains an INCOMPETENT PRICK - in my honest opinion anyway.

    See you soon Jackass Jansen, in places that you will also not smell so sweet - and same for your cronies like Dr Jan Reeves

    So, Jackass Jansen..."it's not over till the fat lady sings"...

    Lots of love to you Jax

    "RACHEL"

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  7. well done Jax :) You go girl!

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  8. Oh my gosh!!! But wasn't the whole blog to do with you being an ACC claimant and the fact that you had asked him to help you access some counselling??? My gosh does he think we are all dumb or something? Peter Jansen maybe your having senior moments....probably a sign you need to retire.

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  9. Can you still counter sue? Surely it is only fair after all the stress.

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  10. Dear Sexy beast

    Yes it's fair to counterclaim and I would most definitely win... just a case of that $20k initial cost... as well Jansen knows!

    Might have to do something else... a public rally or something? Fancy storming Parliament? Could get some t-shirts with CIP on them!

    :-)

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  11. Wow I would say congrats Jax but it's no victory until ACC front up and provide the insurance they are legally responsible to provide you and in a timely fashion. Also until Peter Jansen and that Clinical Directorate are replaced, as I believe was voted on at a recent SCAG meeting, little will change for claimants because as sure as hell an Independant Review hasn't changed it.

    Also interesting would be how ACC investigated this matter and how they can be sure that the Senior Branch Medical Advisor who has access to all Sensitive Claimants files never accessed yours for this law suit. So how did he find your details? That is the question I would love answered. Until he can answer that then nothing that comes from ACC will be believed to be the truth. Maybe ACC can give you those answers seen Peter Jansen is not forthcoming as surely they would of had to have asked him directly??

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  12. What trite nonsense has been spouted by Dr Peter Jansen!

    FFS!

    "The woman was an ACC claimant for treatment for depression following sexual abuse."

    Is that not a breach of privacy?

    Pardon me for asking but Dr Peter Jansen states he "could not have known she was an ACC claimant" how could he launch legal action.

    Pardon me for asking but in his action as a "private citizen" Dr Peter Jansen specifically states "he had not and could not have known she was an ACC claimant at the time, because the blog post was written under a pseudonym." So what files did he access as a "private citizen" to discover K1W1jax's identity?

    What instructions did Dr Peter Jansen give to his PI in order to serve papers?

    Pardon me for asking but why was ACC involved in investigating an allegation/assertion/request from Dr Peter Jansen that he had "not" illegally accessed ACC files as a "private citizen" when he launched his civil action. Is that not a breach of Privacy by ACC?

    IMHO ACC have breached K1W1jax's privacy. After all the file in question has been examined and the information contained within it perused and commented upon in a matter unrelated to case management!

    Of concern to me is that the matter is in "court records"! which are available to the public should they wish to delve that deep!

    Perhaps K1W1jax should sue Dr Jansen or ACC for relocation costs.

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  13. I know..... and you're right.. what an arrsseeee (in Paul Henry's words)...but what can I (we) do now?

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  14. yes... so if he didn't know then (as in 3:30pm this afternoon) that I was a SCU claimant.. then how did he know that now?.... ACC?

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  15. If Dr Jansen did not know Jax was an ACC claimant after reading her blog then he must be a complete incompetent prat, in my honest opinion. Another option, he is not telling the truth. Is there any other options? Either way I think his position at ACC is now untenable.

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  16. You may be right anon... in fact, I know you're right... but "old boys network" being what it is... in all honesty..... what now?

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  17. Request details of ACC's internal investigation perhaps? How can they be so sure that Jackass Jansen didn't access your information? If taking a counter claim is only a matter of 20k, I am sure there are numerous people who will undoubtably donate the necessary funds to help, me included! Seriously, you would be doing a lot of ACC claimants a favour if Jansen were to end up in court and having to defend his position, it is obvious that this man, this gate keeper should never be allowed access to vulnerable claimants such as yourself. Jansen's actions show what a nasty bully he is! He is a bad look for ACC!

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  18. Wow! very cool for the rotten apple to pick himself out of the barrel - or perhaps be thrown . . . and him and ACC SCU look lily sweet - in defense of the survivor - not! ughhhhh! The revolting nature of ACC SCU culture and arrogance has not yet plummeted to its actual depth if this is what arises in the public (albeit limited) sphere!

    Would the SST reporter who wrote on ACC SCU issues in 2009 and early 2010 pick this up?

    It certainly needs a whole lot more airplay.

    all the best Jax!

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  19. Great news Jax.

    The truth will always win, in the end. Keep up the good fight. x

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  20. He is just a bully and a coward. If he really meant to see this through to the end, he would still be following this through the court processes and managing 'public opinion' as he has been.

    The fact is Jax (and us as the public for that matter) have been duped out of the opportunity to see the clinical pathways, all its failings and the EGO behind these changes in raw detail.

    Claiming that he didnt know Jax was an ACC sensitive claimant is an outright lie. He and his legal team cannot feign ignorance to this fact.

    They all read her blog and she doesnt hide her ACC claim status ANYWHERE. Jansen should resign immediately.

    This is just disgusting.

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  21. We, because we pay this man's wages via our taxes, are entitled to know the outcome of any investigation into this matter. Jax especially needs to have the answers and the fact they have not bothered to even inform her is just another demonstration of their incompetency and lack of consideration for their clients. Sack the prick - he should have been gone by lunchtime on the day he laid his law suit.

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  22. Good god - can he be serious?!

    "As k1w1jax was a pseudonym, I did not and could not know that she was an ACC claimant for a mental injury at the time she was making defamatory comments about me on her blog. "

    Does he truly believe all Kiwis are thick as two short planks & don't think that he must have used his position to access details? Or does he understand that most will realise & just not care,because he can get away with this - apparently,anyway?
    The man seems either unbelievably arrogant or incredibly naive

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  23. I think it probable that his legal action is what is known as a gagging writ.

    That is Dr Jansen commenced defamation action not because he thought he could win $250,000 in damages from Jax, but because he thought he could intimidate her into shutting up.

    If so, he has been spectacularly unsuccessful. All he has succeeded in doing is publicise Jax's complaint.

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  24. ACC were 100% behind this.
    ACC pay staff to research blogs/forums/discussions on ACC.
    Everything about ACC online is constantly monitored as part of their intelligence on claimants.
    All long-term claimants are researched/profiled.
    ACC did the research on you Jax.
    Jansen is NOT an IT expert. This is beyond Jansen.
    Jansen was merely involved in the strategy with ACC/Denise Cosgrove etc as to how to handle the action.
    ACC decided to make an example of someone.
    You were to to be the example Jax.
    It was never about money.
    It was never about Jansens reputation.
    It was a deliberate ACC strategy to counteract bloggers to discourage others from talking out.
    ACC organized the lawyer etc.

    I suggest you ask under the Privacy Act for full disclosure of the investigation, all internal correspondence, a full IT disclosure - all electronic and hard copies of records/emails/memos/meeting notes etc. Also ask for full disclose of all access points of your file, of what and by whom within ACC. Ask for full disclosure of your entire file.

    The problem is now Jansen will have to resign, due to ACC's wrongdoing, which means a hefty payout/redundancy by ACC, as it is their fault, yet Jansen allowed himself to be used, just as he is being used medically in making decisions denying access to rehabilitation/treatment to save ACC money.

    Jansen has no ethics nor integrity and now everyone in the NZ medical profession knows that.

    Very whore like. Very cheap tacky behavior. No class.

    This is very disturbing conduct which is unbecoming of a Medical Professional.

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  25. Dear Anon..

    I suggest you ask under the Privacy Act for full disclosure of the investigation, all internal correspondence, a full IT disclosure - all electronic and hard copies of records/emails/memos/meeting notes etc. Also ask for full disclose of all access points of your file, of what and by whom within ACC. Ask for full disclosure of your entire file.

    Email me please (confidentially) at nzreporter@hotmail.com

    I ain't let this goose go free!

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  26. Quote:
    Now that the allegation of improper use of ACC information has been shown to be wrong, I have instructed my lawyer to withdraw the legal action against her.

    Ahh, this has got to be one of my favourites. Notice how it misdirects the issue. Awesome stuff DPJ!

    This quote rocks as it makes the entire issue about "improper use of ACC information" which of course has nothing to do with why the lawsuit was lodged in the first place.

    Five stars.

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  27. ACC has informed me that the investigation I requested has concluded that I never accessed any personal information held by the Corporation regarding “k1w1jax”.

    This time DPJ lets his adoring public know that he was concerned enough about MsJax to instigate
    an investigation - on himself no less! Good to know ACC has informed him of the outcome of their enquiries before letting MsJax know. Part of the hyper efficent service for which ACC is best known.

    Another brillant piece of strategy on his part but not as clever as the redirect above.

    Three star

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  28. As k1w1jax was a pseudonym, I did not and could not know that she was an ACC claimant for a mental injury at the time she was making defamatory comments about me on her blog.

    classic........

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  29. Farking ARSEEEEEE

    (Paul Henry)

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  30. Re "NOT known I was an ACC Claimant" - sounds like a lawyer-written fig leaf to me, plausible deniability based on the possibility of an imposter being behind the "pseudonym".

    Maybe he needs that plausible deniability because if he admits that he believed that you were a real ACC claimant, then he is implicitly admitting that he failed in his duty "as a clinician ... her recovery must take precedence".

    I wonder if the NZMC would swallow the plausible deniability?

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  31. So if he didn't know you were a Claimant and only knew you by you blog name, then how did he find out your real name to sue -- especially as your in hiding?

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  32. I do not work for ACC nor do I have or had any access to their system, but I do work in the world of IT. Although the general context of the comments about Dr Jansen are most likely correct, in my opinion there are some assumptions which may not be.

    Assuming all ACC claimant records are kept electronically and are most likely in a large database, Dr Jansens 'investigation' would have been most likely something like "Have I accessed the record of ... at the time of ....?" Since he requested it the results would have had to have gone to him as part of business procedure. None on Jaxs personal information would have been accessed in the investigation. It would have just been looking through database logs and seeing what Dr Jansen has accessed in the duration of the investigation period.

    Since Dr Jansens lawsuit is a private lawsuit as far as ACC as a business is concerned, rightly or wrongly, it none of their business. As far as some of their senior advisor's and managers go, I would not put it past them after reading comments about them and their media releases defending their actions.

    How Dr Jansen or his lawyer got Jaxs address only they know. It could be possible for the lawyer to find out the address outside the ACC system or even if they needed to find an address themselves. I don't know how far the law can go to get a persons address to deliver court papers.

    Unless he is made of Teflon and kevlar, no matter who he is, he would be in a power of trouble if he was accessing records he is not allowed to. Government are paranoid about privacy and database access is usually heavily monitored and they will do extensive investigations just at the hint of someone accessing information not required for their work.

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