'No explanation' for rejection of miners

Lawyers fighting for compensation from the Government for former Staffordshire miners suffering from osteoarthritis of the knee say many claims are being turned down without an explanation.

Simon Ellis, a partner at Hugh James, said they were appealing such decisions. Each application submitted by Hugh James is supported by medical evidence from the sufferer's GP or hospital confirming diagnosis of the specific condition. This is generally done in x-rays.

These are taken of the knee and is the method used by the NHS to diagnose osteoarthritis.

The Government now officially recognises osteoarthritis of the knees in coal miners as an industrial disease and in July introduced a benefit through the industrial injuries disability benefit scheme. Since then eligible sufferers have been able to apply for compensation. They have to be medically examined by a doctor to have the condition confirmed as part of the claim.

Mr Ellis said it appeared that many applicants examined by Benefits Agency doctors were having their claims rejected despite medical evidence supporting the claims, with no explanation given.

Mr Ellis, said: "While we welcome the scheme, the claims process is complex and the chances of a successful claim are greatly enhanced with the appropriate supporting medical evidence and by using a specialist solicitor.

"It will be interesting to see why these applications are being turned down, apparently at odds with NHS opinion.

"We hope that this represents nothing more than teething troubles which will be quickly ironed out, so that those who suffered as a result of working in one of our great industries receive everything to which they are entitled as quickly as possible."