Extent of disablement
Extent of disablement
Fourthly, if and to the extent that the Tribunal concludes either that the appellant is, on the balance of probabilities, suffering from Alzheimer’s as well as CTE and/or that he is otherwise suffering from degeneration that is attributable to causes other than head impacts and/or that accidents in the course of employment were only a contributing cause and not the sole effective cause of his CTE, then the Tribunal will need to apply the provisions of regulation 11 of the 1982 Regulations to decide what proportion of the appellant’s disablement is attributable to CTE (as distinct from Alzheimer’s) and, in turn, what proportion of his CTE is attributable to accidents in the course of employment (as distinct from other head impacts).
Ground 1 therefore succeeds.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2) (a), (b)(i) and (3) of the Tribunals, Courts and Enforc
- REASONS FOR DECISION
- Factual background
- The First-tier Tribunal’s decision
- The law
- Industrial injuries benefits for prescribed disease or injury
- Relevant case law relating to IIDB
- Causation
- Injury
- Accident
- The approach of the Upper Tribunal on appeal
- Ground 2 - Failure to address/give reasons for concluding that the other ‘undocumented’ incidents that the Tribunal concluded were an effective cause of the injury were in law “process” rather than pa
- The parties’ submissions
- My conclusions on ground 2
- Ground 1 - Perverse and/or inadequately reasoned conclusion that the 10 specific documented accidents were not an ‘effective cause’ of the injury
- My conclusions on Ground 1
- Identification of the injury
- Identification of the effective causes
- Identification of the accidents
- Extent of disablement
- Ground 3 - Perverse and/or inadequately reasoned reliance on family history of cognitive impairment
- My conclusions on Ground 3
- Conclusions
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