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In Rugamer v Sony
Music Entertainment UK Ltd; McNicol v Balfour Beatty Rail Maintenance Ltd the
EAT has held that functional or psychological "overlay", where a person claims
to be suffering from physical injury, but the doctor is satisfied that the
symptoms are instead a manifestation only of the individual's psychological
state, is not a physical impairment within the meaning of the definition of
disability.
These two appeals were
decided together because they raised similar questions on the correct
application of s.1 of the DDA to a case of functional overlay. |
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