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Forum Home  →  Discussion  →  Other benefit issues  →  Thread

industrial injuries pre existing condition and accumulative percentage.

Graham Summers
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Welfare rights officer - Welfare Rights Service, Leicester City Council

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Total Posts: 53

Joined: 17 June 2010

i have a client that wishes to appeal 2 x industrial injuries both claimed at the same time in 2022
1. for a accident she had working for NHS where a cabinet fell on her head leaving her with mobility and upper limb function difficulties had exam and she was awarded 25% loss of faculty the date of the accident was 17/08/2016 they state that following to 91 days for the start of the period would be 30/11/16 to the 17/06/2017 as the assessor felt that the injuries would have resolved in 10 months.

2. the second claim was for long covid as following the first accident my client hade returned to work for the NHS with limited duties and adaptions with reduced hours . she worked during the pandemic and contracted covid twice . she had an assessment and was given 35% from industrial injuries .

she submitted appeal for both stating the injuries from her first condition had not resided and continued and the 25% should continue
the second award (long covid)  35% did not reflect her disabilities . this was a provisional disablement assessment from 14/7/2020 to 1 June 2023.

we have evidence from her work place and GP that following the injury in 2016 she continued to experience chronic back and foot pain .

as the long covid was provisional my client had another assessment march 23 and we have just received the report which has awarded her 48% but mentions her pre existing conditions from the 2016 accident impaired upper limb/lower limb the assessor has offset her previous existing conditions .

how they ever work this formula out has always been a head scratcher but my question is if they are offsetting the previous conditions from 2016 then how can one assessor that awarded 25% time limited and another assessor then identify ongoing issues to offset the latest award . we have evidence that the pre existing condition continued and is obviously different to the long covid symptoms which are more respiratory and cognitive . are we risking the 48% given on the last assessment or should i be pushing for at least the 48% on the first assessment and getting the panel to accept that the pre existing condition hasn’t gone away for them to accumulate together for a higher percentage award. any advice would be welcome