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Bidois V Acc 318/2001 Ap 53/00 wcap asessment appeal -s152 1998 Act

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Posted 15 October 2005 - 11:16 AM

Bidois v ACC 318/2001 AP 53/00

wcap asessment appeal -s152 1998 Act

successful appeal
- whether the respondent(ACC) was correct to determine that the appellant (Bidois) had a capacity for work within the meaning of s15 of the act.


[38] In the circumstances of this case I find that the assessment of Dr Sprott cannot be preferred to that of Dr Wigley and that it falls short of having the content necessary for it to be able to be relied on to deprive and insured of his rights to weekly compensation.

[39] For the reasons therefore that Dr Wigley's report casts sufficient doubt on Dr Sprott's assessment I find that the respondent's determination that the appellant had a capacity for work cannot stand and the decision made by it to that effect is hereby revoked. The effect of that revocation is that the appellant is entitled to have restored to him payment of weekly compensation as from the date when the same was terminated.



judgement: 13 nov 2001
judge: Beattie,Mj

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