Publisher Citation: [2007] All ER (D) 351 (Oct)
Court: Queen's Bench Division, Administrative Court
Judge:

Beatson J
Representation Nicholas Wilcox (instructed by Davina Fiore) for the claimant.
  Martin Seaward (instructed by Thompsons Congress House) for the Interested Party.
Judgment Dates: 23 October 2007

Catchwords

Fire brigade - Fireman - Injury in course of employment - Interested party retiring from employment with claimant due to incapacity - Interested party applying for pension and incapacity award as a result of incapacity - Claimant rejecting application - Interested party appealing to Board of Medical Referees - Board allowing appeal - Whether board providing sufficient reasons.

The Case

Fire brigade - Fireman. In the instant case, where a medical board had quashed a decision refusing an application for a pension, and injury award, on the basis of the interested party's incapacity as a fire fighter, which had been occasioned during the course of his employment with the claimant, the decision would be remitted to the same tribunal for a reconsideration. The board in its reasons had not properly investigated the issue of causation, had not set out the test of causation which it had applied, nor had it made reference to any standard of proof.

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