Where the applicant suffered a work related psychiatric/psychological injury (the “first injury”) and later suffered a work related aggravation of a pre-existing psychiatric/psychological injury (the “second injury”). The Medical Assessment Tribunal – Psychiatric assessed the applicant’s degree of permanent impairment from the first injury at four percent, which meant that he was ineligible to seek common law damages in relation to that injury. The applicant was out of time to bring an application for judicial review but whose explanation for the delay was that he was not initially aggrieved by the decision, but became aggrieved upon receipt of a psychiatrist’s report which made it clear that his claim for damages as a result of the second injury could not be such that would compensate him for the psychiatric injury that he suffered during his employment
Scott McLeod QC appeared for the second respondent, instructed by Crown Law.
The judgment is available here.
