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Subject: "Client's evidence over preference of EMP's (possibly)" First topic | Last topic
Casework team
                              

Legal Casework Officer, RNID London
Member since
17th Aug 2006

Client's evidence over preference of EMP's (possibly)
Tue 20-Oct-09 01:35 PM

Upper Tribunal decision LH <2009> UKUT 140 (ACC) – unthinking acceptance of EMP report was an error of law.

Tribunals should not unthinkingly prefer the evidence of an Examining Medical Practitioner (EMP) to that of a claimant. As this case illustrates,
a proper analysis should be made of the EMP’s conclusions in every case.

  

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Replies to this topic
RE: Client's evidence over preference of EMP's (possibly), ariadne2, 20th Oct 2009, #1
RE: Client's evidence over preference of EMP's (possibly), clairehodgson, 21st Oct 2009, #2

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Client's evidence over preference of EMP's (possibly)
Tue 20-Oct-09 06:13 PM

You mean there are still tribunals out there with this antiquated belief? This decision is hardly new law, honestly.

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: Client's evidence over preference of EMP's (possibly)
Wed 21-Oct-09 05:59 AM

course there are, ariadne!

  

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