Industruial Injuries appeal

I have an appeal coming up where client had an accident away back in 2012.  Firstly she was refused under no accident but process but accident was accepted ay an Appeal.  Since 2012 she has had assessments and receiving benefit.  At her most recent assessment the examining doctor states in his opinion there was not an accident.  The decision maker has disallowed IIDB saying she has no loss of faculty due to accident in 2012.  Am I right in saying this is wrong decision.  I think the original tribunal decision accepting accident should still stand or should have been reviewed stating why and then of course that could have led to overpayment situation.  I would appreciate views on this please?

Anne Higgins - 21 March 2016 12:09 PM

I have an appeal coming up where client had an accident away back in 2012.  Firstly she was refused under no accident but process but accident was accepted ay an Appeal.  Since 2012 she has had assessments and receiving benefit.  At her most recent assessment the examining doctor states in his opinion there was not an accident.  The decision maker has disallowed IIDB saying she has no loss of faculty due to accident in 2012.  Am I right in saying this is wrong decision.  I think the original tribunal decision accepting accident should still stand or should have been reviewed stating why and then of course that could have led to overpayment situation.  I would appreciate views on this please?

I think your right.

surely the doctor is there to examine the level of disability due to the “accident”, not to determine if the incident meets the criteria for being designated an accident for IDB purposes.

Thanks the appeal is today and hopefully Judge will see this