I thank the Leas-Ceann Comhairle for allowing me to raise this issue on the Adjournment and the Minister for attending. This issue is one that would be dear to any Minister's heart. It is a case of an award made in 1976 for an occupational injury suffered in 1970. In the assessment of the award at the time, it was determined that the individual had a loss of 20% faculty of which 10% was attributable to the occupational injury. I do not know how expert the medical advice of the time was, but if diagnosis could be as accurate every day, medical science would be more outstanding than others.
The Minister and I know that the replies to these questions are written. However, I am asking that this case be re-examined and the medical evidence be tested because at an appeal to the Department in 1999 the appeals officer stated:
The appellant was awarded 10% disablement pension in respect of loss of faculty due to an occupational accident in 1970. He sought a review of this award on the basis that his condition has deteriorated since the date of the award. He was examined by a medical referee for the Department and found to have a loss of faculty amounting to 20%. However, it was considered that the increase in the loss of faculty of 10% was not attributable to the occupational accident he originally sustained but was related to the onset of osteoarthritis loss of hearing and anxiety. Having considered the evidence submitted, including that adduced at an oral hearing of the case, I do not consider that it has been clearly established that the deterioration in his condition, i.e. the increased loss of faculty was related to his occupational injury in 1970.
That is a profound judgment and I am sure the Minister recognises it as such. I challenge it because, if one has an injury to the spine or a limb, it can trigger arthritic conditions, which is the case in this instance. I do not know how it was determined that both conditions could not be related. There is no evidence that can tell with such accuracy, as in this case, that loss of faculty is not related to an accident.
Following representations I made to the Department, a further appeal was opened. The appeals officer on this occasion was nearly as good as the previous one. It was also disallowed on the basis that:
All the available evidence has been considered. It has not been established that the deterioration in the appellant's overall condition is directly related to his occupational injury in 1970.
I am not asking the Minister to carry out a medical examination. If the Ceann Comhairle were present, he could shed more light on the subject. However, the appellant has medical evidence that his current condition is directly related to the accident that took place in 1970. Will the Minister have the case tested again?
