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Line between physical and mental impairment

This report relates to 1 case(s)

In Rugamer v Sony Music Entertainment UK Ltd and McNicol v Balfour Beatty Rail Maintenance (27 July 2001), the EAT has held that functional or psychological "overlay" is not a physical impairment within the meaning of the definition of disability.

The issues

Functional or psychological "overlay" is a state of affairs in which a person claims to be suffering from physical injury, but the doctor is satisfied that the symptoms are not the manifestation of any organic physical pathology, but are instead a manifestation only of the individual's psychological state.