workers compensation section 43A

[bbbobbb]

Hi,I've lodged a section 43 claim regarding a fractured 5th metacarpal R/H which occurred Feb.2010.Union organized my assessment from an accredited specialist who reported my WPI @ 10%.Workers Comp. then arranged for me to be seen by their specialist who assessed me as being @ 5%WPI & offered to payout based on that.I lodged notice of dispute & so looks like its heading to a conciliator & then Tribunal if still cant agree.Scheme is governed under substantive law...my question is would the schemes assessment report & specialist who compiled it be proven negligent & inadmissible when it gets pointed out that in his report numerous mistakes occur such as his switching the hand & even the finger that was injured.It was my pinky finger R/H & at 1 point hes referring to my ring finger on L/H.
I think i explained it correctly here for you.
Thanks for taking time to read this & any reply would be greatly appreciated.
Cheers

[denaria]

That would make hard to drink tea with the queen properly...

[Black Cat]

The one thing i have learned after umpteen appearances in the Environment Court and in Tribunals is that the decisions rarely make any reference to logic. Your representative can certainly point out those errors and raise the question as to whether the specialist was in fact reporting reliably on your injury and its effects, but there are no guarantees. The union is best-placed to advise you.