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High Court, by way of judicial review proceedings, quashes decision refusing benefit of a scheme for the treatment of occupational injury for a period when the applicant was absent from work, after she was injured as a result of an assault perpetrated on her in the course of a prison riot, on the grounds that: a) the review process did not comply with principles of natural justice as it was carried out by a person at the same level in the structure as the person or body which made the decision at first instance; and b) the question of the causation of the injury was one that had to be considered on review, and was a live one for determination.
Judicial review – challenge to a refusal of a benefit of a scheme for the treatment of occupational injury – applicant was injured as a result of an assault perpetrated on her in the course of a riot – whether injuries were attributable to a pre-existing condition – Circular 6/1997 – role of the Chief Medical Officer – whether judicial review is the appropriate remedy – was there a duty to give reasons – confidentiality – duty to act reasonably – non delegation of power – appeal and review process – order quashed on the grounds that the review process does not comply with principles of natural justice as it was carried out by a person at the same level in the structure as the person or body which made the decision at first instance and should been considered on review.
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