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Welfare rights
(Industrial Injuries)

22 November, 2022

First-tier Tribunal failed to give adequate reasons for decision not to exercise discretion to extend 13-month absolute time limit for appealing

KD v Secretary of State for Work and Pensions
[2021] UKUT 329 (AAC)
UA-2021-001557

9 November, 2022

First-tier Tribunal gave adequate reasons for finding that claimant experienced work-aggravated asthma rather than work-caused occupational asthma

NP v Secretary of State for Work and Pensions (II)
[2022] UKUT 279 (AAC)
UA-2019-002304-II

2 August, 2022

First-tier Tribunal gave adequate reasons for finding that claimant’s impairment arose from constitutional condition which existed prior to industrial accident

DW v Secretary of State for Work and Pensions (II)
[2022] UKUT 183 (AAC)
UA-2021-001076-II

7 December, 2021

Claimant that worked erratic hours under zero hours contract was still required to meet ‘regular employment’ condition in order to retain entitlement to reduced earnings allowance

AR v Secretary of State for Work and Pensions (II)
[2021] UKUT 279 (AAC)
CI/242/2021

19 November, 2021

Supersession to account for deterioration after industrial injuries disablement benefit award requires an initial ‘notional assessment’ of disablement that ignores any constitutional degenerative changes

PA v Secretary of State for Work and Pensions (II)
[2021] UKUT 257 (AAC)
CI/940/2020

19 October, 2021

Meaning of ‘out of’ and ‘in the course of’ employment for the purposes of assessing whether an accident is an industrial accident

NE v Secretary of State for Work and Pensions (II)
[2021] UKUT 240 (AAC)
CI/68/2021

10 September, 2021

Onset of prescribed disease A15 - Dupuytren’s contracture - occurs at contracture stage rather than when claimant first experiences symptoms of disease

DR v Secretary of State for Work and Pensions (II)
[2021] UKUT 191 (AAC)
CI/235/2021

31 August, 2021

Tribunal erred in law in not treating evidence supplied by claimant after appeal hearing as application to set aside

KH (deceased) by AMH v Secretary of State for Work and Pensions (II)
[2021] UKUT 189 (AAC)
CI/365/2020

26 July, 2021

Tribunal must apply its mind to whether it is in the interests of justice to proceed with paper determination of an appeal when there is ambiguity in claimant’s election for a paper hearing

RA v Secretary of State for Work and Pensions (II)
[2021] UKUT 148 (AAC)
CI/502/2020

15 December, 2020

Whether separate claims and separate decisions are required before every prescribed disease claimed under industrial injuries benefit system can be considered

MH v Secretary of State for Work and Pensions (II)
[2020] UKUT 297 (AAC)
CI/1000, 1001 & 1002/2019

10 December, 2020

Date from which a change of circumstances takes effect where there is already benefit entitlement / whether arrears of industrial injuries disablement benefit can be offset against overpayment of pension credit

DD v Secretary of State for Work and Pensions (II)
[2020] UKUT 302 (AAC)
CI/339/2019

1 December, 2020

Whether new evidence is admissible in Upper Tribunal appeal in circumstances where First-tier Tribunal misdirected itself about an uncontentious anatomical fact

SM v Secretary of State for Work and Pensions (II)
[2020] UKUT 287 (AAC)
CI/1395/2019

24 July, 2019

Tribunal must make sufficient factual findings and give reasons when deciding whether claimant's condition qualifies as a prescribed disease

CSI/50/2019

2 May, 2019

Tribunal should have adjourned to obtain record of discussions between examining doctor and supervising clinician that took place prior to completion of medical report

CI/2224/2018

24 January, 2018

Return to regular occupation may not prevent claimant satisfying the 'permanent' conditions if claiming REA after finally ceasing that occupation

CI/2688/2016

6 November, 2017

Heating or cable laying work around asbestos lagging does not fall within Prescribed Disease D8A (primary carcinoma of the lung)

CI/1653/2017

5 June, 2017

Tribunal has discretion to consider evidence submitted after a hearing but prior to issue of written decision notice

CI/3837/2016

29 November, 2016

Evidence requirements and definition of ‘dust reticulation’ for pneumoconiosis (prescribed disease D1)

CI/1737/2015

17 November, 2016

Prescribed Disease D8A (primary carcinoma of the lung) did not apply to a scaffolder who did not directly apply or remove asbestos

CSI/92/2016

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