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In reply to question the issue is not whether the person suffers from the medical condition vibration induced Secondary Raynauds Phenomenon (commonly known as Vibration White Finger) but whether or not the person has the legal condition PDA11 as defied in Part 1 Schedule 1 of the Social Security (Industrial Injuries)(Prescribed Diseases) Regulations 1985.
A negligance claim which is what the report from Professor relates to has to concerns itself with any degree of damage caused by exposure to vibration.
PDA11 is concerned only with the extent of the blanching and its occurence throughout the year.
Two third of three fingers must be effected by blanching (whiteness) and the blanching must occur winter and summer.
At this point in time the nerve damage component of V.W.F is not relevant to a diagnosis of A11, but is relevant to establishing the level of disablement.
There are no test for V.W.F. the test are for vascular damage and then if the person has had exposure to vibration in a work situation then V.W.F. is assumed.
It is important when advising someone on an A11 claim to do a dual pathology check, that is to ensure that there is no instance of any other health issue that could explain the blanching i.e. Primary Raynauds, Diabitis etc.
Important in the medical for an A11 claim is the client giving a good history of the development of the disease.
All to often people overstate their case, V.W.F. has an evolutionary development, it does not suddenly effect 2/3 of three fingers overnight.
Another common problem is that people fail to mention the blanching.
The Stockholm Scale does not relate in any way to the extent to which a person is disabled for D.W.P. purposes.
For instance a person could be 1V and 3SN on the Stockholm scale because the have severe nerve damage but only have blanching on the tips of their fingers.
They have V.W.F., but not A11.
Disablement is based upon a comparison with a person of similar age who does not have V.W.F..
If you wish to discuss this matter further you can bring your client to Wellington House between 08.45 and 12.00noon on a Wednesday.
I am the Senior Welfare Rights Officer who specialises in Industrial Injuries work and apart from being a resource for the rest of the Welfare Rights team I also work closes with the National Union of Mineworkers advising them on Industrial Injuries.
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