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OCC-HEALTH  August 2012

OCC-HEALTH August 2012

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Subject:

Re: EqA

From:

Tracy Turner <[log in to unmask]>

Reply-To:

Occupational Health mailing list <[log in to unmask]>

Date:

Fri, 31 Aug 2012 19:54:14 +0100

Content-Type:

text/plain

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Parts/Attachments

text/plain (22 lines)

Hi Jan

I have found the reference - (if your gentlemans knee replacement (prosthesis) was removed then his ADLs would be affected.)

Effects of treatment
B12. The Act provides that, where an impairment is subject to treatment or correction, the impairment is to be treated as having a substantial adverse effect if, but for the treatment or correction, the impairment is likely to have that effect. In this context, ‘likely’ should be interpreted as meaning ‘could well happen’. The practical effect of this provision
is that the impairment should be treated as having the effect that
it would have without the measures in question (Sch1, Para 5(1)). The Act states that the treatment or correction measures which are to be disregarded for these purposes include, in particular, medical treatment and the use of a prosthesis or other aid (Sch1, Para 5(2)). In this context, medical treatments would include treatments such as counselling, the need to follow a particular diet, and therapies,
in addition to treatments with drugs. (See also paragraphs B7 and B16.)
B13. This provision applies even if the measures result in the effects being completely under control or not at all apparent. Where treatment is continuing it may be having the effect of masking or ameliorating
a disability so that it does not have a substantial adverse effect. If the final outcome of such treatment cannot be determined, or if it is known that removal of the medical treatment would result in either a relapse or a worsened condition, it would be reasonable to disregard the medical treatment in accordance with paragraph 5 of Schedule 1.
B14. For example, if a person with a hearing impairment wears a hearing aid the question as to whether his or her impairment has a substantial adverse effect is to be decided by reference to what the hearing level would be without the hearing aid. Similarly, in the case of someone with diabetes which is being controlled by medication or diet should be decided by reference to what the effects of the condition would be if he or she were not taking that medication or following the required diet.

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