Carnahan V Acc 176 2002 Ai 521 01

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Carnahan V Acc 176 2002 Ai 521 01 Work Capacity s.51(2) 1992 Act

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Posted 14 January 2006 - 02:13 PM

IN THE DISTRICT COURT HELD AT DUNEDIN

Decision No. 176 /2002

IN THE MATTER of the Accident Rehabilitation & Compensation Insurance Act 1992
AND
IN THE MATTER of an appeal pursuant to Section 152 of the Accident Insurance Act 1998

BETWEEN
AINSLIE MARGARET CARNAHAN
(Al 521/01)
Appellant

AND
ACCIDENT COMPENSATION CORPORATION
Respondent

HEARD at Dunedin on 2 May 2002

APPEARANCES
Mr P Sara, counsel for appellant,
Mr C Hlavac, counsel for respondent

RESERVED JUDGMENT OF JUDGE M J BEATTIE

[1] The issue in this appeal is whether the respondent was correct, by its decision of 31 May 1999, to determine that the appellant had a capacity for work within the meaning of s.51(2) of the Act.

[2] The points taken by counsel for the appellant in support of the appeal relate to the medical assessment carried out by Dr Talwar, the respondent's duly appointed Medical Assessor, so that matters to be considered in this appeal were intended to be confined to matters arising from Dr Talwar's medical assessment.