HL Deb 17 January 1983 vol 437 c1272WA
Lord Avebury

asked Her Majesty's Government: Whether the automatic right of appeal against refusal of industrial disablement or death benefit, introduced on 19th May under SI 1982 No. 566 [The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment (No. 2)] applies to claims arising from employment before July 1945.

Lord Trefgarne

The provisions of SI 1982/566 (medical appeal rights in pneumoconiosis and byssinosis cases) apply only to claims under the industrial injuries scheme which arise from employment ending after 5th July 1948. Claims in respect of employment ending before that date are dealt with under the old cases schemes, to which the provisions of the Industrial Injuries and Diseases (Old Cases) Act 1975 apply. Medical adjudication of claims in respect of pneumoconiosis and byssinosis under the old cases schemes continues arrangements made under the Workmen's Compensation Acts. Diagnosis is determined by a Silicosis Medical Board, which consists of specialist doctors drawn from the pneumoconiosis medical panels, and the decision is final. Arrangements do however exist for decisions to be reconsidered on application.