Score Draw

Won 2 files out of 4 in an ICA appeal notified to us yesterday.
These involved the proper interpretation of CDS Contract 10.68 and CRIMLA 40, charges laid at same time, in the first instance and 10.69, stand alone breach proceedings, in the second. The LSC had applied a novel construction of these rules; a common first hearing represents “charges laid at the same time” and a breach is “heard at the same time” if there is a concurrent representation order.
Interestingly this was subsequent to a Provider Assurance onsite audit.
We are about to cut and paste the successful reps into an identical appeal from near identical circumstances. One does wonder if the LSC will continue to try and get away with this clearly erroneous interpretation of contract at future audits?
(The 2 we lost were civil means assessment issues)

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