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application for judicial review

#1 User is offline   MG 

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Posted 22 October 2004 - 02:18 PM

From: Hamidi v Chief Executive, Ministry of Social Development and Attorney-General (unreported, HC Auckland, 9 July 2004, CIV-2004-404-101, Laurenson J).
Proceedings: application for judicial review of decision of CE, MSD to cancel H's Emergecny Benefit under s.81 Social Security Act 1964.
Facts: H was claimant for refugee status. Claim dismissed by NZ immigration Service, with consequence work permit expired. H was receiving EB. Cancelled after CE, MSD reviewed entitlement under s.81. H appealed to Benefit Review Committee - overturned CE, MSD decision. CE, MSD then reviewed again and cancelled EB. H brought judicial review proceedings. H later granted refugee status after appeal.
Issue: could CE, MSD overturn BRC decision?
Held: "It is well established that a government agency cannot be estopped from exercising its powers, whether given in a statute or by common law, when it is doing so in the proper exercise of its duty to act for the public good even though this may work some injustice or unfairness to a private individual (see Laker Airways Ltd v Department of Trade [1977] 2 All ER 182 at 194, Lumber Specialties Ltd v Hodgson[2002] 2 NZLR 347 at para 138)"
Discussion: In challenges to the lawfulness of ACC decisions, it can claim that it is exercising its statutory powers for the public good, by containing the costs of the scheme, even though the result might be unfair to individual claimants. The solution, I think, is to argue that ACC's decision is inconsistent with its statutory duty to administer the scheme in a generous and unniggardly fashion ( see: Harrild v DOP [2003] 3 NZLR(CA)).
Still, Hamidi is not good use for claimants.
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#2 User is offline   MG 

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Posted 18 January 2006 - 05:12 PM

Doctor Hired by Insurance Company to Perform Independent Medical Examination for Automobile Accident Case May Be Sued for Malpractice During Exam


Press Release by: Benjamin W. Glass, III & Associates, PC
Published on openPR 01-17-2006 02:35 pm - CET


(openPR) - An independent medical examiner hired by an insurance company to perform an examination on an auto accident victim may be sued if his examination causes further injury, according to the Supreme Court of Virginia in a case decided January 13, 2006.
A Newport News, VA, woman alleged that Jeffrey Scott Kreutzer, a clinical psychologist caused further injury to her when he conducted an examination to evaluate her claim that she suffered a brain injury in a 1991 automobile accident. The court ruled that a Newport News Judge improperly dismissed her claim that alleged that she was “verbally abused” and accused of being a “faker and malingerer” by Kreutzer.
“While this is the first time that this issue has been addressed in Virginia, every court that has addressed the issue has found that there is a duty of care owed by the health care provider in this situation. They are not immune from suit just because the examination is done in the context of litigation,” says Benjamin W. Glass, III, a Fairfax, Virginia medical malpractice and personal injury attorney. “While the claim of injury during an independent medical examination is rare, this is a commonsense rule which protects the claimant should further injury arise due to the doctor’s malpractice,” Glass said.
The court ruled that the doctor’s duty of care extends only to the examination itself, and that he cannot be sued if he fails to diagnose or treat a condition, nor may he be sued for what he says in his report or in his testimony.
The woman, Nancy J. Harris, recovered over $413, 000 in her automobile accident case. Her medical malpractice trial against Dr. Kreutzer will now be sent back to Newport News for trial.
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#3 Guest_Percy_*

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Posted 18 January 2006 - 05:37 PM

:rolleyes:
Interesting MG!!
How many in NZ have suffered at the hands of Turner, Kanji etc and have you applied for Medical misadventure and reported them to the HDC and Medical council?>

If not, why not?

These guys are getting away with it and you, the claimant exited!!
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