I'm helping a client with an appeal against refusal of IIDB. He had several lifting accidents at work over a period of 3 years. The 2010/2011 CPAG handbook on p328 says that sometimes a series of events over a period of time can be viewed as an accident, and that the cumulative effect of a series of incidents can also result in an accident. It refers to CI/3370/1999 but this appears to be about a DLA claim. Can anybody point me to any relevant case law of reg please?

Brian are you sure you didn't read another decision by mistake. I've just skim read that decision and it clearly is about an IDB decision, seems pretty elucidating of the issues and doesn't, as far as i can see, mention DLA once.

the "series of events" case that i'm most familiar with is Fitzsimmons v Ford Motor Co, a Court of Appeal decision from 1946 (<1946> 1 All E.R. 429) on workers compensation (man got it for VWF on that basis)

but in any event, each separate accident was one accident in your case, so why do you need all three linked to form one accident? just cumulate the disabilites from each, surely, to achieve the 15% for benefit?

or is there some wrinkle?

Hi nevip. I've looked again at CI/3370/1999 in the CPAG on line data base and it still looks like a DLA case with no reference to industrial injuries benefit. I don't know if the CD number has somehow got attached to the wrong text. Can you give me a web address for the CD you were reading, or could you fax it to me if it's a hard copy. Many thanks, Brian

Hi Brian. Here.

http://www.osscsc.gov.uk/judgmentfiles/j69/01401.doc

Thanks nevip that's the one - completely different from the CI/3370/1999 on CPAG website!

Brian