HC Deb 01 May 1961 vol 639 c878
6. Mr. Stones

asked the Minister of Pensions and National Insurance how many appeals were made, under the National Insurance (Industrial Injuries) Acts, 1946 to 1960, to the Commissioner during the period of the last three years, in cases where conflicting medical evidence was submitted as to whether pneumoconiosis was a contributory cause of death, by the dependants of the deceased and by the local insurance officer, respectively; and how many of such appeals were upheld or rejected in each of the two categories.

Mr. Boyd-Carpenter

In the three years ended 31st December, 1960, there were 143 appeals to the Commissioner in connection with claims for death benefit under the Industrial Injuries Acts on the question whether pneumoconiosis was a contributory factor in the cause of death. One hundred of these appeals were made by dependants of the deceased and forty-three by the insurance officer; four of the dependants' appeals were successful and forty-two of those of the insurance officer. Whilst medical evidence must play an important part in the decision of these cases, it would be wrong to assume that there was a conflict of such evidence on every appeal.

Mr. Stones

Whilst thanking the right hon. Gentleman for the information he has given, may I ask if I am right in assuming that, provided the prescribed procedure has been properly followed in such cases as referred to in my original Question, the decision of the Commissioner is absolutely final and there can be no redress in the law courts?

Mr. Boyd-Carpenter

The hon. Member is quite right. The Commissioner's decision on these cases is final.