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You are here: BAILII >> Databases >> Northern Ireland - Social Security and Child Support Commissioners' Decisions >> [1999] NISSCSC C7/99(CRS) (1 August 2001) URL: http://www.bailii.org/nie/cases/NISSCSC/1999/C7_99(CRS).html Cite as: [1999] NISSCSC C7/99(CRS) |
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[1999] NISSCSC C7/99(CRS) (1 August 2001)
Decision No: C7/99(CRS)
"The medical evidence before the Tribunal clearly supports the view that by the date of Mr L…'s report of 29.2.96, on the balance of probabilities, [the injured person] had no significant symptoms referable to the relevant accident. There is also some considerable doubt as to his credibility in describing his condition and resulting disabilities.
We accept Mr C…'s argument that whatever the position was prior to February 1996, by that time the medical evidence is consistent.
We note the contents of Dr S…'s report, which is incomplete and undated but appears to have been written in 1994 and it has not been argued that benefits paid at that time were paid otherwise than in respect of the relevant accident."
"The medical evidence attached demonstrates that the benefits paid to the Injured Party have not been paid in respect of the accident in question, but as a consequence of, and in respect of, the Injured Party's fabricated, exaggerated or imagined symptoms and complaints. The medical evidence demonstrates that no causal link exists between the accident in question and the amount, rate or period of benefits paid."
"The burden of proof is neutral and the question simply has to be determined in the light of all the evidence on the relevant issues."
"Compensator may only submit medical report – his condition in 1996 can be shown."
Mr C… is then recorded as referring to various medical reports by Mr L…, Mr H…, Mr B… (dated 4th July 1996), Dr K…, Dr F… (March 1996), Mr K… and Dr S…. The letter of appeal, as mentioned above, does not confine itself to the situation from 1994 onwards but disputes all benefits paid as having not been paid in respect of the accident in question.
(Signed): M F BROWN
COMMISSIONER
1 AUGUST 2001