Cottom v Scone Race Club Limited

The case of Cottom v Scone Race Club Limited was heard in a relevant tribunal. The plaintiff, Mr Cottom, was appealing an assessment made by a Medical Assessor in relation to his claim for workers' compensation. The dispute centred on the Medical Assessor's failure to assess a peripheral nerve injury in Mr Cottom's right lower extremity and the consequential scarring, both of which were assessed at 0%. Mr Cottom sought to present a post-Medical Assessment Certificate statement as fresh evidence, which highlighted the Medical Assessor's alleged failure to examine aspects of his right leg and to conduct a proper examination.

The tribunal was required to determine whether the post-Medical Assessment Certificate statement should be admitted as fresh evidence and whether there was sufficient evidence to support Mr Cottom's claim that the Medical Assessor had erred in his assessment. The tribunal had to consider the consistency of the post-Medical Assessment Certificate statement with the Medical Assessment Certificate and whether there was evidence to substantiate Mr Cottom's assertion that the Medical Assessor had made an error in his assessment.

The tribunal found that the post-Medical Assessment Certificate statement was plainly inconsistent with the Medical Assessment Certificate and therefore should not be admitted as fresh evidence. The tribunal concluded that there was no evidence to support Mr Cottom's assertion that the Medical Assessor had erred in his assessment of the peripheral nerve injury or the scarring. The tribunal confirmed the Medical Assessment Certificate.

No further orders were made by the tribunal in light of the findings.