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Material Contribution in Cases of Psychiatric Injury - Richard Johnson, Browne Jacobson

07/06/17. The difficulty of raising causation arguments when defending claims for psychiatric injury was exemplified by the case of, Diane Jennifer Kennedy v London Ambulance Service Trust (LAS) 2016 QBD.

The basic facts of the case were that the claimant was employed by LAS as a sole responder and had been for about 10 years. The claimant was supplied with a vehicle that leaked harmful carbon monoxide fumes into the driver’s compartment. The claimant became unwell and nauseous and was diagnosed with carbon monoxide poisoning causing her to have time off sick from work in April 2011.

The claimant returned to work in September 2011 in an administrative role. In January 2013 the claimant returned to her role as a responder but, because of ongoing psychiatric problems, arrangements were made for the claimant to work alongside a colleague rather than work as a solo responder. Unfortunately, these arrangements came to an end. The claimant, after being advised by her employer that the new arrangements could not continue, went off sick.

The Occupational Health Department were...

Image cc flickr.com/photos/didbygraham/219375981/

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