||All England Reporter
|| All ER (D) 213 (Feb)
|| EWCA Civ 166
||Court of Appeal, Civil Division
Schiemann, Mummery and Dyson LJJ
||Duran Seddon (instructed by Browell Smith & Co) for the claimant.
||David Forsdick (instructed by the Solicitor for the Department of Work and Pensions) for the Secretary of State.
||14 February 2003
Social security - Industrial injuries benefit - Entitlement - Determination of date of onset of disease - Finality of decisions - s 60.
Parliament intended finality to be the rule where the question was whether a person was suffering from a prescribed disease for the purposes of a claim for industrial injuries benefit. That was so whether that question arose in the context of a claim for disablement benefit or reduced earnings allowance. It followed that a tribunal could not decide that a claimant first began to suffer from a loss of faculty as a result of the prescribed disease during a period in relation to which it had already been decided that he did not suffer from the prescribed disease in question.
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