§ Mr. Carter-Jonesasked the Secretary of State for Social Services how frequently pathologists have made recommendations which were subsequently overruled by pneumoconiosis medical panels; if he is aware of hardship suffered by miners' widows as a result of these decisions; if he will review the procedure; and if he will make a statement.
§ Mr. EnnalsMy Department's responsibilities relate to claims for death benefit under the Industrial Injuries Act where it is alleged that death was due to pneumoconiosis. These claims are decided not by the pneumoconiosis medical panels but by the independent statutory authorities, who are bound by the definition of pneumoconiosis in the Act. In coming to their decision they take into account all the available evidence, including the opinion of the pathologist who carried out the postmortem and of the pneumoconiosis medical panel. The panel members have a wide experience of the disease both in life and death, and their opinion is based not only on the results of the postmortem but also on the correlation of the findings at post-mortem with the18W clinical life history of the deceased. Their opinion is framed within the statutory requirements, which are not binding on pathologists. It is not known how frequently pathologists have made recommendations differing from the panels', but I am satisfied that the panels are carrying out their work impartially and that any cases of hardship which may have occurred are due to false hopes being raised by initial opinions given before the implications of the requirements of the Industrial Injuries Act have been fully considered. As regards a review of procedure, the Industrial Injuries Advisory Council is already considering the medical arrangements for determining claims for benefit as part of its current review of the pneumoconiosis provisions of the Act.