asked the Minister for Defence if he is aware that Private Timothy Connolly of Hacketstown, County Carlow, was discharged from the Army on 27th July, 1940, as medically unfit, having developed pulmonary tuberculosis while on military service, and that he has since been undergoing treatment for the disease; that his request for a disability pension has been refused although the man is unfit for any form of employment; and, if so, if he will state the grounds for rejecting the applicant's claim.
Ceisteanna—Questions. Oral Answers. - Rejection of Disability Pension Claim.
I am aware that ex-Volunteer Timothy Connolly, Hacketstown, County Carlow, was discharged from the Defence Forces on the 27th July, 1940, in consequence of being medically unfit for Army service. I am also aware that since discharge he has undergone treatment for pulmonary tuberculosis.
On the 19th November, 1943, Mr. Connolly made application under the Army Pensions Acts in respect of pulmonary tuberculosis which he alleged was attributable to service in the Defence Forces during the emergency period. The Army Pensions Board, who examined the applicant on 25th September, 1944, found that he was not suffering from any disability due to the disease in respect of which he claimed. The claim for a disability pension was, therefore, refused and Mr. Connolly was notified to this effect on the 4th October, 1944.
Can the Minister state if there is any hope for any man who is discharged from the Army as suffering from tuberculosis being able to prove to the Referee and the Army authorities that his sickness was due to Army service? This man was admitted to the Army as physically fit and his disability was caused through service given in the Army.
Yes, I think it would be right to say that numbers of individuals have received pensions for disability due to disease of that kind which has been proved to be attributable to Army service. Unfortunately, none of us can say whether a man is medically fit. He may be physically fit, but we do not know, because we have not got the apparatus to find out, for instance, whether or not his lungs may be affected. We are in that unfortunate position. So far as medical skill can advise us, the individual is examined when he is being enlisted and may be found to be physically fit. But we have no means at our disposal which would make us aware of some latent disease which may be actually existing at the time. That, I am afraid, is one of the ways in which a man, who may appear physically fit when he comes into the Army, may have his case, if you like, aggravated by service, but not attributable to service.
Under the Workmen's Compensation Act, if a man's injury is aggravated in the course of his employment, he is entitled to compensation. In this case the man got a certificate from the county medical officer of health that he was not suffering from tuberculosis previously.
Of course, we are working under the terms of the Act.
Is there any hope of amending the Act to allow of such genuine cases as this being taken into consideration?