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DMA DEC 09Mag No 5 Dec 2009 The Durham Miner is the magazine of the Durham Miners’ Association, PO Box 6, Red Hill, Durham, DH1 4BB General Secretary D. Hopper, President: D Guy New Labour’s Legacy his will probably be the last blindly supported Blair should hang Durham Miner before the their heads in shame. Dave Hopper General Election and time is T Greedy bankers have been rewarded as bad. No wonder there were local short for New Labour to clear up the MPs who tried to block the Freedom mess they have created. with billions of pounds of our money for their abject failure when tens of of Information Act. thousands of taxpayers are losing We waited a lifetime for a Labour Labour voters have been badly let Government with sufficient majority their jobs and in some cases their homes. down and it is going to be extremely to radically change society and difficult to stop the Conservatives narrow the gap between rich and coming back into power. Some poor. Now, after 12 years of New We suffer all of this and then we find that MPs, many who raged about people might say, does it matter – Labour the gap between rich and poor aren’t they all the same? is wider than ever and we are left ‘benefit fraud’, were helping with a catalogue of disasters. themselves to vast sums of Taxpayers’ money. We expect the However, I would seriously ask people to remember the damage we Hanging on Bush’s coat tails Blair Tories to have their noses in the trough, but it is profoundly sustained during the 18 years of dragged us into two wars which have Tory rule. Not only was the British caused a horrific loss of human life. demoralising when we find that many of our representatives are just coal mining industry destroyed, but Those war-mongering MPs who the whole manufacturing base of Britain. The privatisation of the Gala 2009 Photo: Keith Potts publicly owned utilities, electricity, water, gas railways has been a costly disaster. Our communities and people were left almost in despair and a whole generation of our youth were denied the opportunity of real employment and job security. The Labour Government has not matched the aspirations of our people but Cameron, Osborne and company will be no different to Thatcher. May I take this opportunity of thanking all our member for their support over the last year and to wish you all and your families a very happy festive season and a prosperous New Year. 1 Compensation Report First Knee Assessments Encouraging Dave Guy n April 15 this year the are successful in being awarded an Department of Works and IIDB payment then this new payment O Pensions (DWP) announced may affect the means tested benefit. that Miners’ Knee would be added to the list of ‘prescribed diseases’ Dave Guy speaking at the Gala meaning that sufferers would now be DWP STATISTICS OCT 28 2009 2009 able to apply for State compensation through the Industrial Injuries 25,247 CLAIMS MADE NATIONALLY However, where the case involves a Disablement Benefit (IIDB). 3,411 HAVE BEEN PROCESSED disease which develops over time 858 AWARDED IIDB then the period runs from when a Already over 1,400 members of the claimant knew or ought to have 113 APPEALS HAVE BEEN LODGED DMA have been given assistance at known his condition was caused, or our offices to fill in the appropriate may have been caused, by his forms. The first few members have working conditions. been examined and assessed and the results ranging from 5 to 30 per cent MINERS KNEE LITIGATION. There is obviously an issue to be have been very encouraging. determined by the Court as to Our action against The NCB and whether our claims have been It appears that the long campaign by British Coal to gain compensation for brought in time. If the Judge decides the Durham Miners, the National our members who have suffered they are time-barred then the Court Union and the Miners’ Group of MPs damage to their knees while working will be asked to use its discretion and has at last borne fruit and our underground is quite separate from allow the claims to proceed. members will receive a measure of the decision of the DWP to classify justice for the damage they suffered miners knee as an industrial disease. This statute was waived for the from many years of work While this decision hugely helps our vibration white finger test cases and underground. case we still have to prove that the we are optimistic that it will be on employer was negligent in not taking this occasion. If we are successful This is particularly good news for ex- action to create working practices then the action will proceed to a full miners who have been awarded which could have prevented damage hearing at some point in 2011. percentage points for other industrial to miners’ knees. injuries but have failed to reach the The Defendant’s representatives also 14 percent to qualify for an IIDB A case review of the litigation was applied to have the issue of what payment. In these cases just a few held in Leeds Crown Court on the impact a major knee injury would points could take them over the 13th and 14th October 2009 where have on the development of threshold. Judge Grenfell agreed the case would osteoarthritis of the knee considered. proceed with a five week hearing The Judge declined to order this a If a member has been examined and starting June 28 2010. separate preliminary issue although given an assessment it is imperative he ruled that it could be raised as the that he inform the DMA immediately At this hearing the issue which the case progresses. as an appeal may be required which court will look at is the three year must be registered within four weeks. statute of limitations which There are currently 935 cases on the It is also important that our members determines that personal injury claims Register of which 517 are from understand that if they are in receipt must generally be brought within Durham and out of this list of cases, of any means-tested benefit and they three years of the date of injury. which have been submitted to the 2 Compensation Report court, our side are to select four test the mines in the 70s and the advent of cases. The other side will also select the incentive agreements intensified four. A ruling on these test cases, as to the production of dust to the BENEFIT RATES FROM APRIL whether not they qualify under the detriment of our members’ health. 2009 statute of limitation, will be made SURFACE WORKERS CHEST CASE following the hearing in June/July INCAPACITY BENEFIT 2010 and this will hopefully give us Our members will know we have SHORT TERM an idea of how the rest of the cases been trying to establish grounds for LOWER RATE £67.75 will be treated. including surface workers in the chronic bronchitis and emphysema HIGHER RATE £80.15 In a separate development there has scheme. This required us to find INCAPACITY BENEFIT now been an offer of insurance cover evidence that the dust levels in LONG TERM £89.80 made to enable a further 935 cases to surface areas such as coal preparation STATUTORY SICK PAY £79.15 be entered onto the Register. This is a plants could be compared with those positive development as it means underground. SEVERE DISABLEMENT ALLOWANCE additional fighting funds to run the £57.45 Unfortunately after several years of cases to trial. The additional cases AGE ADDITIONS research the exchange of expert will not be from the Durham area as UNDER 40 - £15.65 all of our members who made a claim evidence has been assessed by 40 – 49 £9.10 and who met the registration criteria leading council and has been deemed have already been registered to be insufficient to give us any 50 – 59 £5.35 prospect of winning if we were to CARERS ALLOWANCE £53.10 Progress is slow and we understand proceed. We have to accept this legal how frustrating this procedure is for opinion and so the DMA have DISABILITY LIVING our members who are suffering from reluctantly abandoned the ALLOWANCE this painful condition. However, they proceedings. We understand the CARE COMPONENT can rest assured that we are doing all disappointment this news will cause HIGHER RATE £70.35 but our members can be assured that that we can to push the process on MIDDLE RATE £47.10 and we will continue to ask the no stone was left unturned in our LOWEST RATE £18.65 government to introduce a scheme search for evidence. MOBILITY COMPONENT which will compensate our members £236.672 MILLION RECOVERED without the need for this costly and HIGHER RATE £49.10 I am pleased to report that the total time-consuming litigation. LOWER RATE £18,65 compensation we have won for our INCREASE IN PNEUMOCONIOSIS members has reached £236.672 CHILD BENEFIT We have been shocked by the million. I am sure you will agree ONLY/ELDEST CHILD £20 increasing number of new cases of that given the difficulties we have OTHER CHILDREN £13.20 Pneumoconiosis which are coming to faced over the past 16 years this our attention 16 years after the last pit figure is a tribute to the hard work INDUSTRIAL INJURIES closed in Durham. It is now evident BENEFIT of our Executive Committee our DISABLEMENT BENEFIT that the increased mechanisation of staff and our solicitors.
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