In 1995 my client sustained a head injury and pelvic fracture in an industrial accident, and was awarded IIDB at 40%.
Last year he had another industrial accident and received (relatively minor) leg injuries. He has already appealed a decision that he sustained no loss of faculty as a result of the most recent accident. Bonner suggests that a further claim is in effect an 'application for review' of the existing claim (SSCBA 1992 s 103(2)).
The medical adviser and the DWP submission both totally ignore the previous assessment and consider only the most recent accident. If my client continues with his appeal will this 'throw open' the previous (final) assessment, in the same way that a DLA appeal throws open consideration of components awarded previously?

in the current assessment, they only have to consider disability arising out of the current injury for that assessment. if in fact he hasn't suffered any further disability as a result of this accident, then he may be as well letting it go. and he may in fact be no worse than he was. if he has suffered a further disability that adds to the disability he already has, there may be some extra to be gained - but how much? weight up what he's got to gain...