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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
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 Enforcement Act 2007, I set that decision aside and remit the case to be reconsidered by a fresh tribunal in accordance with the law as set out in this decision and the following directions.
DIRECTIONS
This case is remitted to the First-tier Tribunal for reconsideration at an oral hearing.
The new First-tier Tribunal should not involve the tribunal judge or medical member previously involved in considering this appeal on 16 February 2024.
The new First-tier Tribunal is not bound in any way by the decision of the previous tribunal. Depending on the findings of fact it makes, the new tribunal may reach the same or a different outcome to the previous tribunal.
- 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