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Odonnell V Acc 139 2002 Ai443 01 ss7 and s72 AI98 Act IRP Plan

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Posted 14 January 2006 - 02:32 PM

IN THE DISTRICT COURT AT WELLINGTON

DECISION NO. 139/2002

UNDER
the Accident Insurance Act 1998

IN THE MATTER OF an appeal pursuant to section 152 of the Act

BETWEEN
PETER O'DONNELL Al 443/01
Appellant

AND
ACCIDENT COMPENSATION
CORPORATION
Respondent

Hearing: 11 March 2002
(Heard at Palmerston North)

Further Submissions:

2 April
8 April
19 April
22 April

Appearances: Mr A R V Rowlett, advocate for appellant
Ms M Ahern for respondent

Judgment: 22 May 2002
RESERVED JUDGMENT OF JUDGE A A P WILLY

[1] The only matter for decision in this appeal is whether or not the respondent, in formulating a rehabilitation plan with, and for the appellant, complied with ss.7 and 72 of the Accident Insurance Act 1998.

[2] The short point being that in finalising the plan the respondent failed to advise the appellant that he had review rights in respect of it.

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