HC Deb 13 December 1945 vol 417 cc792-3W
Sir T. Moore

asked the Minister of Pensions whether his attention has been called to the recent decision of the courts in awarding compensation to a workman of £11,050 for the loss of his two hands in the course of his work; and if he will. consider amending the Royal Warrant and bringing it into line with compensation for industrial injuries.

Mr. Wilfred Paling

I have as ye t seen only Press reports of this case, from which it would appear that the damages were awarded as a result of a Common Law action on the grounds of breach of statutory duty. For an injury of the same nature through an ordinary industrial accident, where there was no breach of statutory duty and no negligence on the part of the employer, compensation would be payable under the Workmen's Compensation Acts. The benefits of the Royal Warrant compare by no means unfavourably with what is paid under these Acts.

Brigadier Rayner

asked the Attorney-General whether when a case goes before a Pensions Appeal Tribunal and there is conflicting medical evidence and any reasonable doubt exists, the appellant is given the benefit of that doubt.

The Attorney-General

In any case of difficulty the Tribunals have power to seek medical advice from a specialist whom they may appoint. Where any reasonable doubt arises on a question, whether medical or otherwise, the benefit is given to the appellant in accordance with the principles laid down by the Royal Warrant or other relevant instrument.

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