EJMCC v Department for Communities (II) (Arising out of)

1.���� This is a claimant�s appeal from a decision of an appeal tribunal with reference BE/6238/19/67/M. �An oral hearing of the appeal has not been requested.

3.���� This appeal is addressed to the issue of whether an industrial injuries claimant, who suffered an injury in his workplace, was acting in the course of his employment when the accident occurred.

6.���� On 20 October 2015 the Department decided that there had not been an industrial accident because the accident did not arise out of and in the course of the appellant�s employment. �The appellant requested a reconsideration of that decision on 30 November 2015. �It appears that the Department may have overlooked that request until prompted by the appellant�s solicitor on 11 April 2019. �On 25 June 2019 he was informed that the decision had been reconsidered but not revised. �He appealed.

7.���� The appeal was considered by a tribunal consisting of a legally qualified member (LQM) and two medically qualified members. �After a hearing on 2 December 2019, the tribunal disallowed the appeal. �The appellant requested a statement of reasons for the tribunal�s decision and this was issued on 23 March 2020. �The appellant applied to the LQM for leave to appeal from the tribunal�s decision and leave to appeal was granted by a determination of the salaried LQM issued on 16 July 2020. �On 11 August 2020 the appellant lodged his appeal with the Office of the Social Security Commissioner.

8.���� The grounds on which leave to appeal was granted were whether the incident which occurred on 28 June 2010 was an industrial accident which arose during the course of the appellant�s employment.