Written question asked by Lord Lofthouse of Pontefract (Labour), in the House of Lords. It was answered by Lord Truscott (Labour) on Wednesday, 18 April 2007.

British Coal Compensation

Question: asked Her Majesty's Government:Whether they have made an assessment of their claims handlers' practice of making full and final settlement offers in respect of retired miners suffering chronic bronchitis in the British Coal respiratory disease litigation and thereby not giving their widows the right to lodge subsequent claims under the claims handling agreement for emphysema diagnosed on post mortem.

Answer: The majority of claims in the respiratory disease scheme have passed through the medical assessment process (MAP). The MAP involves completion of a report by a respiratory physician specialising, and having had training, in this particular field. The MAP is an exceptionally thorough, and necessarily complex, assessment. In the case of live men, it is used to assess a man's health as it stands at that period in time. The claims handling agreement provides for the MAP report to be disputed. The department makes full and final offers in settlement of these claims and it is not possible for these claims to be reopened. To reopen any of these claims would simply not be in the public interest. It would also defeat the core purposes for which the scheme was initiated; namely, to provide a fair, efficient and timely means by which to ensure damages are paid.

Secondary information

Type: Written question
Reference: 3111; 691 c59WA
Session: 2006-07
Subjects: Compensation Coal British Coal Corporation Bronchitis Eligibility Industrial diseases Emphysema Mining Respiratory system
Link: View this Written question on www.publications.parliament.uk