Prescribed disease A10 (occupational deafness) – felling trees in forest area to clear way for roads – whether ‘forestry’ – The claimant claimed disablement benefit in respect of prescribed disease A10 (occupational deafness) on 24 April 1991. From 1978 to March 1991 he had worked for a road construction company. He was employed to clear forest areas, using a chain saw to fell the trees and cut them into logs. He contended that this occupation was prescribed in relation to occupational deafness because it involved ‘the use of chain saws in forestry’ (sub-paragraph (i) of A10). A tribunal allowed the claimant’s appeal against the adjudication officer’s refusal of his claim. The adjudication officer appealed to a social security Commissioner.
Held that:
the claimant’s occupation did not fall within the meaning of ‘forestry’ in paragraph A10 of Part I of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985. His work involved the destruction of forest areas, not the preservation of them. The fact that his work included the cutting down of trees did not mean that his occupation fell within the definition of ‘forestry’ (Meally v. McGowan 39 SLR 662 applied).
Citations:
[1995] UKSSCSC CI – 362 – 1994
Links:
Jurisdiction:
England and Wales
Benefits
Updated: 15 July 2022; Ref: scu.268924