HC Deb 22 March 1923 vol 161 cc2723-4
12. Mr. BARKER

asked the Minister of Pensions if he is aware that ex-Private F. W. Gardner, No. 19,228, 5th Battalion, Dorset Regiment, was wounded in the scalp on 4th October, 1917; that he was awarded a pension of 7s. 6d. per week for 70 weeks; that, on appeal to the tribunal appointed by the Lord Chancellor, this award was set aside and the tribunal found that a final award should not have been made; that, notwithstanding this decision, Gardner was subjected to further examinations and his pension stopped; and that his medical attendant certifies that he is still suffering from the effects of service; and will he give this man the benefit of any doubt that may exist and restore his pension?


The tribunal set aside the finality of the award without expressing any opinion as to the degree at which disablement had been assessed. Accordingly, the man remains eligible for further compensation if on medical examination disablement is found to a greater extent than that for which compensation has already been granted. Two medical boards held since the tribunal's decision have failed to find this, and the man is, therefore, not at present entitled to further compensation.


Is it customary to continually subject these men to examination after they have won their cases in the appeal court?


If the hon. Member will refer to an answer I have given to another question on what I admit is a complicated question, he will see that very often all these tribunals do is to set aside the finality of the award. Our object as a Ministry is to give as many final awards as possible.