Weightmans Disease-i
03 September 2010
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Asthma




Historical perspective
Physicians in ancient Greece used the word asthma to describe gasping or breathlessness.

A description of the medical condition
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Medical causation issues
As with all disease/conditions, careful scrutiny must be given to the diagnosis provided by the claimant’s medico-legal consultant.

Date of knowledge
The first Government guidance to deal with asthma was the 1960 Ministry of Labour publication entitled ‘Toxic Substances in Factory Atmospheres’ which listed maximum permissible concentrations for a very limited number of materials or substances.

Forseeability
As can be seen by our brief analysis of the Court of Appeal’s Decision in DUGMORE, the issue of foreseeability is not one which the Court of Appeal believe should trouble the analysis of liability under COSHH.

Regulations and breach of duty
An employer’s duty is now enshrined under the COSHH Regulations.

Limitation issues
In the main, limitation issues rarely feature in cases of alleged occupational asthma.

Quantum
Awards for general damages for pain, suffering, loss and amenity.
Contact
For more information about disease-i please get in touch with Lorna White.



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