NP v Secretary of State for Work and Pensions (II): [2022] UKUT 279 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 20 October 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 28 November 2022

• Categories: Industrial diseases, Industrial injuries benefits
• Sub-categories: Industrial diseases - D7 (asthma), Industrial injuries benefits - other
• Judges: Wikeley, N
• Decision date: 20 October 2022

Read the full decision in UA-2019-002304-II.

Judicial Summary

Claim for prescribed disease (PD) D7 (occupational asthma) - typology of work-related asthma - whether asthma caused by workplace exposure or aggravated by such exposure - whether coal dust “any other sensitising agent” within category (x) - CI/2543/2002, CI/564/2005 and R(I) 8/02 considered - 10 year rule for occupational asthma in regulation 36 of Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (SI 1985/967) - whether Department of Work and Pensions reliance on unpublished OASIS list of non-sensitising agents appropriate.

Published 28 November 2022