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Issues of interest to mesothelioma patients and their carers

Industrial Injuries Disablement Benefit (IIDB): The Department for Works and Pensions (DWP) review of fast track procedures for mesothelioma IIDB claims.

Proof of medical diagnosis

The DWP has taken action to expedite payments of IIDB for mesothelioma claimants, following a review in 2005. The DWP will now accept evidence from any nurse, doctor or consultant that their patient has been diagnosed with mesothelioma.

Inconclusive medical evidence of mesothelioma and IIDB

If doctors cannot confirm a diagnosis of mesothelioma from biopsy and histology tests, but they think their patient is suffering from mesothelioma on a balance of probabilities (i.e. there is a 51% chance that the diagnosis is mesothelioma) the DWP will accept a claim for Industrial Injuries Disablement benefit.

Occupational history

Because mesothelioma is almost exclusively caused by exposure to asbestos, occupational prescription for mesothelioma is widely drawn. It is therefore important that ALL mesothelioma sufferers are sign-posted to advice on occupationally related benefits. The take up of IIDB has improved, but claims should be much closer to the number of people actually diagnosed with mesothelioma.

Review of the Industrial Injuries Scheme

The Department for Works and Pensions is currently reviewing the Industrial Injuries Scheme and the Pneumoconiosis etc. (Workers Compensation) Act 1979. Interested parties met with the last minister, Margaret Hodge, to press for changes which would:

= end the reduction of means tested benefits where IIDB is paid
= equalise payments for in-life and posthumous Workers Compensation Act claims
= pay constant attendance allowance and exceptionally severe disablement allowance automatically for mesothelioma and asbestos-related lung cancer patients.

DWP consultation on a long-term solution for mesothelioma compensation The DWP has requested the views of interested parties on what might be a long-term solution for compensation for mesothelioma sufferers after the reversal of the effects of the House of Lords judgment in Barker -v- Corus. Interim measures have been put in place to speed up claims handling so that mesothelioma sufferers might receive compensation quickly.

However, many mesothelioma sufferers never receive common law compensation because the companies they worked for are no longer trading and their insurers cannot be traced or exposure is so long ago that evidence is simply not available. Some mesothelioma patients are too ill and do not want the stress of making a legal claim for compensation. Ideally a solution should be found to ensure that all mesothelioma sufferers receive adequate compensation.

For further enquiries please contact Peter Flory (view full profile) on 01892 701323 or email pflory@ts-p.co.uk.

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