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Liddell V Acc 235 2000 Ai 220 99 1992 Act Work Capacity

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Posted 14 January 2006 - 01:53 PM

In reading this judgment bear in mind that for some time the ACC WORKWISE director Jurie Snyman used to also be the director of CRS Associates, the same very company that Dr Blair Ronald Christian also goes under.........



IN THE DISTRICT COURT HELD AT WELLINGTON
Decision No. 235 /2000

UNDER
The Accident Rehabilitation and Compensation Insurance Act 1992

AND
IN THE MATTER
of an appeal pursuant to section 91 of the Act

BETWEEN
JUDY LIDDELL of Wellington
Appellant
(Appeal No. Al 220/99)

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


HEARING at WELLINGTON on the 18th day of May 2000

APPEARANCES/COUNSEL
P J Zumbach for appellant
M M Ahem for respondent

RESERVED JUDGMENT OF JUDGE A W MIDDLETON

The issue in this appeal is whether the respondent was correct in its decision of 22 March 1999 that the appellant had a capacity to work.

I have delayed the issue of this judgment because Ms Zumbach questioned the qualifications of the medical assessor. When details of his qualifications had been provided to counsel and I received submissions from Ms Zumbach that I should prefer the expertise of Dr J Keir Howard to that of the assessor, Dr B Christian, I was then prepared to issue my judgment. However, in the meantime, I had received a similar submission in relation to Dr Christian in the course of another appeal. As I thought the result of further investigations might also apply to the issue in this appeal, I have delayed the issue of this judgment but I am now satisfied that the additional concerns raised in that other appeal are not relevant to this appeal are that Dr Christian was a properly qualified medical assessor.

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