asked the Minister for Social Welfare if she will have a detailed examination carried out into the case of a person (details supplied) in Dublin 8 whose appeal for entitlement to injury benefit was turned down on 24 September 1986 despite the fact that she sustained serious injury to her back on which she is to have surgery shortly, while lifting milk cartons into a machine; and in view of the fact that evidence may have been heard from a person, or persons, who were not present when the injury happened, if she will now direct that injury benefit be allowed in this case; and if she will also arrange for monthly certificates of illness to be accepted in this case while disability benefit is being paid.
Written Answers. - Injury Benefit.
56.
The person concerned claimed injury benefit from 12 June 1985 in respect of an incapacity from an alleged accident at work on 26 May 1985.
Pending investigations, disability benefit was paid on an interim basis from 15 June, the fourth day of incapacity. Investigation by the social welfare officer who interviewed the claimant, the employers and a witness failed to confirm the accident at work. It was not accepted that an occupational accident giving rise to the incapacity had happened and the claim was disallowed accordingly on 30 April 1986.
The claimant appealed against the decision and an oral hearing of the appeal was held on 24 September 1986 which was attended by the claimant, employers' representatives and a person nominated by the claimant as a witness to the alleged accident. Following the hearing the appeals officer confirmed the decision rejecting the claim to injury benefit. It is open to the claimant to furnish any contentions of mistakes made in relation to the law or the facts in the case to the chief appeals officer when the decision would be reviewed or to appeal to the High Court on a question of law.
Meanwhile the claim has been treated as a claim to disability benefit which has been paid to the date of the latest medical certificate received. Arrangements have been made for payments each week on receipt of medical certificates by the month while the claimant remains unfit for work.