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Dáil Éireann debate -
Thursday, 30 Nov 1939

Vol. 78 No. 5

Ceisteanna—Questions. Oral Answers. - Ex-officer's Pension Claim.

asked the Minister for Defence if he is aware that ex-Captain Robert Cotter has been refused a pension on the grounds that injuries received by him were not due to military service, although he suffered extensive inflammation of various abdominal organs following a blow from a pole received in the course of his duties as an officer in the Equitation School and, if so, whether he will now arrange to have a re-examination of this case with a view to granting this officer a pension.

The claim of ex-Captain Cotter for disability arising from certain injuries was examined by the Army Pensions Board and, on their report, the claim was refused on the grounds that the disability from which he suffers cannot be associated with the injuries. In the circumstances, I do not propose to have the case re-examined.

Would the Minister take an opportunity of looking further into that case? I do not want to commit him to anything.

I looked through the file very carefully and I could not see any reason to depart from the decision arrived at by the board.

The Minister saw no reason in this statement of fact—that an Army athletic champion gets a blow of a ball in the abdomen, suffers acute pain that night, is removed to hospital next day, is operated upon 24 hours later and is a physical wreck afterwards. There is no connection between that accident and his disability? Surely there is something to look into in that case. We all make mistakes.

I said I had already looked into it before I gave this reply. I examined the file very carefully and the decision of the board was that they could not associate the disability with the injury claimed for.

Is not the Minister aware that direct evidence of association cannot be got in such cases? Some years ago, the Minister was equally dogmatic in a similar case and when a sympathetic mind was brought to bear on it and it was referred to an outside medical tribunal selected by the Minister, a different decision was arrived at. Will the Minister take impartial outside advice which is not hide-bound in red tape? I do not know the individual concerned.

I do not want to act in any dogmatic manner. I do not know how the case can be further examined unless outside medical opinion can be obtained. I am not sure that I have power to obtain outside medical opinion.

The Minister has power.

If I have, I shall certainly do so.

Question No. 12.

Question No. 12 is not being asked as a protest against the previous decision.

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