Chesterman V Acc 213 2001 Ai 04 01

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Chesterman V Acc 213 2001 Ai 04 01 Work Capacity s.15 1998 Act

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Posted 14 January 2006 - 02:10 PM

IN THE DISTRICT COURT HELD AT WELLINGTON
Decision No. 213 /2001

IN THE MATTER
of the Accident Insurance Act 1998

AND

IN THE MATTER
of an Appeal pursuant to Section 152 of the Act

BETWEEN
FRANK CHESTERMAN Al 04/01
Appellant

AND
ACCIDENT COMPENSATION
CORPORATION
Respondent

HEARD at WELLINGTON on the 1lth day of May 2001

APPEARANCES:
Mr F Chesterman In Person
Mr P McBride, Counsel for Respondent

RESERVED JtDGMENT OF JUDGE M J BEATTIE

[1] The issue in this appeal is whether the respondent was correct to determine, by its decision of 4 May 2000, that the appellant had a capacity for work within the meaning of s15 of the Act.

[2] At the time the respondent made its determination the appellant was aged 57 years. On the 25th of January 1992 the appellant suffered a fall from a saw horse injuring his lower back and left hip. The appellant had previously suffered from an