Westgate v Secretary of State for Work and Pensions [2006] EWCA Civ 725 (05 April 2006)

Westgate v Secretary of State for Work and Pensions [2006] EWCA Civ 725 (05 April 2006)

The rammer used by Mr Westgate does not qualify as a 'metal-working tool' under the regulations because it does not work metal in the sense required by the statutory language; it is used to attach metal to wood, not to shape or work metal itself. Therefore, Mr Westgate's occupation does not fall within the prescribed category for compensation.

Citation
[2006] EWCA Civ 725
Parties
Claimant/respondent: Keith Stuart Westgate; Defendant/appellant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
05 April 2006
Procedural Posture
Appeal From Social Security Commissioner / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Statutory Interpretation, Occupational Disease Compensation, Prescribed Diseases, Vibration White Finger
Social Security Law Administrative Law Statutory Interpretation Occupational Disease Compensation Prescribed Diseases Vibration White Finger

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Parties

Keith Stuart Westgate

Claimant/respondent

Secretary of State for Work and Pensions

Defendant/appellant

Procedural Posture

Appeal From Social Security Commissioner / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the automatic staple gun (rammer) used by Mr Westgate qualifies as a 'metal-working tool' under the Social Security (Prescribed Diseases) Regulations 1985, Part I of Schedule 1 A 11, entitling him to compensation for vibration white finger.

Ratio Decidendi

The rammer used by Mr Westgate does not qualify as a 'metal-working tool' under the regulations because it does not work metal in the sense required by the statutory language; it is used to attach metal to wood, not to shape or work metal itself. Therefore, Mr Westgate's occupation does not fall within the prescribed category for compensation.

Court Disposition

Appeal allowed

Orders

  • Commissioner's decision set aside
  • Claim for compensation under the regulations dismissed