23 Mar 2001
Because medical evidence established only a regional pain syndrome/fibromyalgia without a discrete physical injury and no adequate causal link to earlier workplace injuries was proved, the appellant failed to satisfy s4 and the s7 requirements for gradual process injury; therefore the refusal of cover was correct.
10 Jun 1999
The appellant has not established physical injury within the meaning of s4; accordingly there is no cover. Alternatively, even if personal injury were established, the evidence does not satisfy s7(1)(b) and (c) because idiopathic/spontaneous acute low back pain is common and there is no clear, cogent expert opinion that the risk is significantly greater for the appellant's employment tasks, so cover under s7 is not available.
6 Jun 1997
Medical opinion established that the claimant's degenerative cervical spine was rendered demonstrably symptomatic by identifiable work activities and that the Review Officer could properly infer, on the balance of probabilities and in the absence of contrary non-work activity evidence, that the s7 requirements were satisfied; accordingly the Review Officer's decision was upheld and the employer's appeal dismissed.