§ 28. Mr. Cryerasked the Secretary of State for Social Services if she will alter the rule whereby medical tribunals have jurisdiction in allowing appeals against their own rulings.
§ Mr. O'MalleyI assume that my hon. Friend is referring to a long-standing statutory provision of the industrial injuries scheme whereby a medical board may not review a decision of the medical appeal tribunal without leave of the tribunal if the ground of the application is that there has been unforeseen aggravation of the results of an injury since the tribunal gave its decision. Leave is only refused where the medical appeal tribunal is entirely satisfied that on the facts submitted there could be no possibility 163W for a review favourable to the claimant because, for example, the worsening in his condition had been anticipated and taken into account in the original decision. To remove this restriction could result in increased expenditure on cases where there was no chance of a successful outcome and accordingly I do not consider that such a change would be justified.