South Wales Police Authority, R (On the Application Of) v Medical Referee & Anor

South Wales Police Authority, R (On the Application Of) v Medical Referee & Anor

The Medical Referee erred in failing to consider apportionment between duty and non-duty injuries as required by the Regulations. The decision must be quashed so that the issue of apportionment can be properly considered by a different Medical Referee. The assessment of earning capacity must focus on current capacity and disregard employer attitudes, but where there is a potential non-duty cause, apportionment must be addressed unless it is clear the duty injury alone caused the loss.

Parties
Claimant: South Wales Police Authority; Defendant: Dr David Anton (Medical Referee); Interested Party: Philip Crocker
Jurisdiction
England and Wales
Judgment Date
05 December 2003
Procedural Posture
Judicial Review / Judgment on Application to Quash Medical Referee's Decision
Outcome
Application allowed; Medical Referee's decision quashed; matter remitted for reconsideration by a different Medical Referee.
Legal Topics
Police Pensions, Injury Awards, Apportionment of Disablement, Causation in Disablement, Judicial Review of Medical Decisions
Administrative Law Employment Law Pensions Law Police Pensions Injury Awards Apportionment of Disablement Causation in Disablement Judicial Review of Medical Decisions

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Parties

South Wales Police Authority

Claimant

Dr David Anton (Medical Referee)

Defendant

Philip Crocker

Interested Party

Procedural Posture

Judicial Review / Judgment on Application to Quash Medical Referee's Decision

Legal Issues

  1. 1 Whether the Medical Referee erred in failing to consider apportionment between duty and non-duty injuries in assessing loss of earning capacity
  2. 2 Whether the Medical Referee wrongly assessed loss of earning capacity at 100%
  3. 3 Whether the Medical Referee took into account irrelevant factors (employer attitudes) in assessing earning capacity

Ratio Decidendi

The Medical Referee erred in failing to consider apportionment between duty and non-duty injuries as required by the Regulations. The decision must be quashed so that the issue of apportionment can be properly considered by a different Medical Referee. The assessment of earning capacity must focus on current capacity and disregard employer attitudes, but where there is a potential non-duty cause, apportionment must be addressed unless it is clear the duty injury alone caused the loss.

Court Disposition

Application allowed; Medical Referee's decision quashed; matter remitted for reconsideration by a different Medical Referee.

Orders

  • Decision of the Medical Referee is quashed.
  • Appeal to be considered by a different Medical Referee.