Thu 18-Feb-10 10:44 AM by neilcoll
Appeal won
Manual dexterity increased for 6 to 9 on "small buttons" test.
6 awarded for lifting and carrying "bulky" item.
On the second point. Have had a few tribunals that have asked folk can they lift and carry an empty shoebox when assessing descriptor 5(c).!!!!!
The descriptor refers to a light but BULKY object. Not a shoebox.
I referred to commisioner Brown in 34/98 (DLA)...... "It is a fundamental rule of statutory interpretation that unless the context indicates otherwise a word or phrase is to be given its ordinary every day meaning."
Gave the Tribunal a printed sheet with the dictionary entry for BULKY...
1. Of relatively large and cumbersome bulk or size. 2. Large and unwieldly.
Synonyms 1. massive, ponderous, unwieldy, clumsy.
Only Coco the Clowns shoebox could be considered.
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