Apportionment/ balance of probability

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Apportionment/ balance of probability

Post by Stoke Bloke on Wed Apr 22, 2015 6:31 pm

I have just received my result form the SMP and he has apportioned 50% relating to the injury on duty. The SMP has based this decision on safe ground due to me having a previous sports injury 6-8 months before my IOD.

I think he is erring in favour of the force by saying that I may have had a pre existing condition and the the accident has just accelarated the symptoms. My conclusion is that the SMP has gone 50/50 between the incidents played safe as it is a difficult case to pick the bones out.

Why if the balance of prob go with the force and not the IODP

Thoughts please


Stoke Bloke

Posts : 13
Join date : 2015-01-30

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Re: Apportionment/ balance of probability

Post by Urtica on Sat Apr 25, 2015 10:37 am

Sounds to me that you need professional legal advice, rather than 'thoughts'.

I suggest that you contact either solicitor Mark Lake (southern forces) or solicitor Ron Thompson (northern forces) whose contact details are on PIPIN.

Meanwhile, you have 28 days from the time the decision was conveyed to you in which to give notice of appeal to a Police Medical Appeal Board. This notice needs be no more than a short letter announcing your intention to appeal. It does not commit you to an appeal and you do not need to give your reasons.

Then seek legal advice. You have a further period of 28 days after the force has received your notice of appeal in which you must provide your outline argument in the form of your statement of grounds for appeal. The force will then arrange a Board and you are committed to see it through.

A tip - if you put your notice of intention to appeal in just before the initial 28 days is up, then you will have longer to consult and seek advice.

There is another way of challenging a decision, which is to ask the police pension authority to agree to have the SMP reconsider his or her decision, under provision of regulation 32-(2) of the Police (Injury Benefit) Regulations 2006. The snag here is that the force has to agree to do this, and if they don't there is no appeal against that decision other than by judicial review. There is a presumption that the PPA should agree if it is probable there has been some error of fact or law.

There is no time limit on requesting a reconsideration, so if you have run out of time to go to a PMAB, then regulation 32-(2) is still open to you.

There is no point in simply arguing with the PPA about a SMP's decision. The PPA can't alter it, as it is a final decision. The only way to get a decision overturned is by PMAB or regulation 32-(2) reconsideration.

As apportionment is a matter of the opinion of the SMP and not capable of precise analysis then clearly you can line up a better-qualified expert who will contradict the SMP's opinion. In which case, any fair hearing would be bound to balance its decision in your favour.

Urtica

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Re: Apportionment/ balance of probability

Post by Roger Melly on Sun May 10, 2015 11:25 am

My injury on duty was subject 50% apportionment because of a sports injury 2 years before I joined the job some 22 years before the iod. I appealed via pmab and was awarded my band increase. The SMP was made to look foolish not to mention the costs to the Force. I did have the support of the Federation in funding Ron and his team for which I was very grateful.
Stick with it.

Roger Melly

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