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Savage V Acc 95 2000 Dca 10 99 1992 Act, Work Cap.. app for leave to HC

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Posted 14 January 2006 - 01:42 PM

IN THE DISTRICT COURT HELD AT WELLINGTON

Decision No. 95 /2000

UNDER

The Accident Rehabilitation and Compensation Insurance Act 1992

AND IN THE MATTER

of an appeal pursuant to section 97 of the Act

BETWEEN
MICHAEL BRIAN SAVAGE of
Matiere
Appellant
(Appeal No. DCA 10/99)

AND
ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a
body corporate duly constituted under the provisions of the said Act
Respondent

APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT

The appellant has applied for leave to appeal to the High Court against the decision of His Honour Judge M J Beattie issued on 4 November 1999 under number 310/99.

The issue before His Honour was whether the respondent was correct to determine that the appellant had a capacity for work as defined in section 51(2) of the Act. His Honour noted that both the appellant and the respondent provided additional evidence at the appeal hearing which identified work for which the appellant had a capacity and which suited his abilities. His Honour's conclusion was that the respondent had correctly followed the Work Capacity Assessment Procedure established by section 50 of the Act and that the decision of the respondent as confirmed by the Review Officer was correct.

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