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Patel v (1) Oldham MBC (2) Rushcroft School - Effect of condition developing from another condition forms part of assessment of "long term" for DDA [2010] EAT

The effect of an illness or condition which is likely to develop, or which has developed, from another illness or condition forms part of the assessment of whether the effect of the original impairment is likely to last, or has lasted, at least 12 months.

From February to December 2005, teacher Mrs Patel suffered a mild myletis (a form of back pain). By January 2006 this had developed into a secondary myofacial pain syndrome (MPS) - a form of leg pain. Having had some absences, by June 2006 Mrs Patel was again working full time, but following an injury in September 2006 went off sick again. After 141 days absence she was dismissed on capability grounds.

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