Following the Tribunal of Commissioners decision in CIB/4751/2002 etc, the tribunal may make any supersession open to the DM (to over simplify). Although on the whole this decision is not everyone's favourite - by a long way - it can have its uses.
Therefore if the DM decides to supersede an existing award and give the claimant nothing, then it is open to the tribunal to decide that the evidence does not support this and change the supersession. They can then award both components for life or limit one - whatever they think is merited. They don't have to reinstate the old award, the supersession can be perfected!
I realise that CIB/4751/2002 is an english decision but hopefully (in this case anyway) the tribunal would be persuaded by it.
David
|