§ Lord Lofthouse of Pontefractasked Her Majesty's Government:
Whether they will state, both in relation to mineworkers' Vibration White Finger (VWF) and respiratory claims, the precise sums paid by way of costs to Nabarro Nathanson, the solicitors representing the Department of Trade and Industry, in respect of generic work undertaken since the High Court trials. [HL5333]
§ Lord Sainsbury of TurvilleSince January 1998, when the department took over British Coal health liabilities, it has paid almost £6.5 million to Nabarro Nathanson by way of costs.
§ Lord Lofthouse of Pontefractasked Her Majesty's Government:
Whether it is still the case that in respect of Vibration White Finger (VWF) and respiratory claims, they will, in cases of doubt, take the miner's word in respect of work histories or duties; whether any such decisions have had a positive effect on the processing of claims; if not, why not; and whether any such decisions have been ignored by AON IRISC. [HL5398]
§ Lord Sainsbury of TurvilleOn respiratory disease claims, where British Coal records clearly state a claimant worked in a particular pit or job but the claimant contends that they worked elsewhere, under the claims handling agreement there is a presumption that the records are correct. If solicitors and their clients can produce further evidence or make a strong case that calls into question the validity of the existing records then that will be taken into account. Where no records exist the department takes the claimant's word.
On VWF claims, similarly British Coal records are used first to confirm the claimant's occupation. If this is disputed, or records cannot ultimately be found, then there is a process for claimants to provide additional evidence to support their contention.