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The Firefighters' Compensation Scheme (Wales) Order 2007

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PART 6DETERMINATION OF QUESTIONS AND APPEALS

Determination by fire and rescue authority

1.—(1) The question whether a person is entitled to any and if so what awards shall be determined in the first instance by the fire and rescue authority.

(2) Subject to paragraph (3), before deciding, for the purpose of determining that question or any other question arising under this Scheme—

(a)whether any disablement has been occasioned by a qualifying injury,

(b)the degree to which a person is disabled, or

(c)any other issue wholly or partly of a medical nature,

the authority shall obtain the written opinion of an independent qualified medical practitioner selected by them; and the opinion of the independent qualified medical practitioner shall be binding on the authority.

(3) In his written opinion, the independent qualified medical practitioner must certify that—

(a)he has not previously advised, or given his opinion on, or otherwise been involved in, the particular case for which the opinion has been requested; and

(b)he is not acting, and has not at any time acted, as the representative of the employee, the authority, or any other party in relation to the same case.

(4) If by reason of the person’s refusal or wilful or negligent failure to submit to medical examination by the practitioner selected by them the authority are unable to obtain the opinion mentioned in paragraph (2), they may—

(a)on such other medical evidence as they think fit, or

(b)without medical evidence,

give a decision on the issue.

Appeal to medical referee

2.—(1) Where—

(a)an opinion of the kind mentioned in rule 1(2) has been obtained, and

(b)within 14 days of his being notified of the fire and rescue authority’s decision on the issue the person concerned applies to them for a copy of the opinion,

the authority shall supply him with a copy.

(2) If the person concerned is dissatisfied with the opinion which has been supplied to him under paragraph (1), he may appeal against it by giving notice to the fire and rescue authority in accordance with paragraph 1 of Schedule 5.

(3) A fire and rescue authority shall be bound by any decision on any issue referred to in subparagraphs (a) to (c) of rule 1(2) duly given on an appeal under this rule.

(4) Further provisions as to appeals under this rule are contained in Schedule 5.

Appeal to Crown Court

3.—(1) Where a person claims that he is entitled to an award or to any payment in respect of an award and the fire and rescue authority —

(a)do not admit the claim at all, or

(b)do not admit the claim to its full extent,

the authority shall reconsider the case if he applies to them to do so.

(2) If he is dissatisfied with any determination given by the fire and rescue authority on reconsidering the case, he may appeal to the Crown Court, which may, subject to sub-paragraph (3), make such order or declaration in the matter as appears to it to be just.

(3) Nothing in paragraph (2) shall be taken to authorise the Crown Court—

(a)to make an order or declaration controlling the exercise of any discretion vested in the fire and rescue authority by any provision of this Scheme except rule 5 of Part 9 (withdrawal of pension on conviction of certain offences),

(b)to reopen any medical issue decided on an appeal under rule 2, or

(c)to question any certificate as to pensionable service which has become conclusive under rule F1(5) of the 1992 Scheme (reckoning of and certificates as to pensionable service).

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