[2000] UKSSCSC CI_1307_1999 (25 May 2000)
THE SOCIAL SECURITY COMMISSIONERS
Commissioner's Case no: CI 1307 1999
SOCIAL SECURITY ACTS 1992 - 1998
APPEAL FROM A DECISION OF A SOCIAL SECURITY APPEAL TRIBUNAL
ON A QUESTION OF LAW
DECISION OF THE SOCIAL SECURITY COMMISSIONER
Mr Commissioner David Williams
DECISION OF THE SOCIAL SECURITY COMMISSIONER
The decision of the adjudicating medical authority is not confirmed.
From 6. 12. 1994 there is a loss of faculty identified as follows:
post traumatic stress disorder with anxiety
resulting from the disablement from the relevant accident.
The extent of the disablement from the loss of faculty is to be
assessed as follows, without offset or addition:
for the period from 6. 12. 1994 to 5. 12. 1995 60%
for the period from 6. 12. 1995 to 31. 7. 1997 40%
for the period from 1. 8. 1997 to 31. 7. 1998 20%
for the period from 1. 8. 1998 for life 10%
This is a final assessment.
The appeal
"My decision is that on 23 August 1994 the claimant suffered personal injury by accident arising out of and in the course of his employment, being employed earner's employment, and is entitled to a declaration of an industrial accident accordingly: Social Security Contributions and Benefits Act 1992, section 94; Social Security Administration Act 1992, sections 44(2) and (6) and 60(3). I direct the adjudication officer to refer the disablement question to the appropriate adjudicating medical authority: Social Security (Adjudication) Regulations 1995, regulation 29."
The appeal in this case is from the decisions taken following that reference.
Background to this appeal
"that on the proved and exceptional facts of this case the claimant has shown that there was an incident …which did constitute an industrial accident … Not only was his own testimony, which was accepted by the tribunal and was not questioned before me at the hearing, demonstrate this but the medical evidence is also strongly to the same effect. Consequently on the special facts of this case he is entitled to the declaration of industrial accident that he seeks."
The decision under appeal
Can a Commissioner take a decision on the facts in an industrial injuries case?
Should a Commissioner take a decision on the facts in an industrial injuries case?
Should I take the decision in this case?
"Commissioners now have power to give their own assessment of disablement: see section 14(8)(a) of the Social Security Act 1998. They will do this in suitable cases. So, it is appropriate for me to comment on the degree of the assessment."
The Commissioner then did so, but referred the case to a new tribunal to decide on disputed factual issues (including the issue of diagnosis) in the light of those comments.
On what principles should I determine the level of disablement?
The Criminal Injuries Compensation tariff
Guidance from social security legislation
How disabled was the claimant?
David Williams
Commissioner
25 May 2000