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Neutral Citation Number:	2008 12
Reported Number:	R(I)1/09
File Number:	CI 2897 2008
Appellant:	FR
Respondent:	Secretary of State for Work and Pensions
Judge/Commissioner:	Judge E. Jacobs
Date Of Decision:	05/11/2008
Date Added:	20/11/2008
Main Category:	Industrial diseases
Main Subcategory:	A12 (carpel tunnel syndrome)
Secondary Category:
Secondary Subcategory:
Notes:	Prescribed disease A12 carpal tunnel syndrome – whether a particular degree of flexion required The Secretary of State refused the claimant’s claim for industrial injuries disablement benefit in respect of PD A12 carpal tunnel syndrome on the ground that her work did not involve the required action as prescribed in column (b) of the Schedule to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 as amended from 6 April 2007 on the basis of recommendations of the Industrial Injuries Advisory Council. The claimant appealed and an appeal tribunal upheld the Secretary of State’s decision, finding that the movements involved in the claimant’s work did not involve the required degree of dorsiflexion and palmar flexion and were not the main action of the hand involved in that work. Held, allowing the appeal, that: 1. the tribunal had erred in law in confusing the questions arising on a claim for disablement benefit by considering in the context of the prescription question whether the prescribed movements were the sole or main action involved in the claimant’s work, that being a relevant issue only for the causation question (paragraphs 8 to 16); 2. the tribunal had also erred in misinterpreting the report of the Industrial Injuries Advisory Council as showing that a particular degree of flexion was relevant to the prescription question when there was nothing in the report to suggest that, though the degree of flexion could be relevant to the medical condition question or the causation question (paragraphs 21 to 27). The Judge remitted the case to a differently constituted First-tier Tribunal for re-hearing.
Decision(s) to Download:	R(I) 1-09 bvcorr.doc