I have a client who is in receipt of Industrial Injuries Disablement Benefit. She is currently in the middle of a civil action against her former employers. They have accepted liability for the accident taking place but specialist reports commissioned by both sides state that in their opinion the accident did not cause her current disability for which she has been awarded Ind. Inj.
Her benefit will be reviewed in a year, when she will be sent for another medical. She has no change of circumstances as her condition is unchanged.
Does she have to disclose the two specialist reports? Are these seen as "relevant facts" or merely "opinions"?

Hi Suzie. This one sounds a bit of a worry for your client. Firstly I would say that the responsibilty to disclose would only fall on them when the civil claim has been settled. It is possible that further evidence might come to light which will put a new complexion on the two current medical reports. However, it does appear that 2 medical reports agreeing on the crucial question of the accident not causing disability, doesn't bode well and I wish you luck.

Ouch.

I'm a Claimant PI solicitor so hopefully I can shed some light.

If the client alleged that this disability was the only relevant injury caused by the accident then (subject to whatever advice you give her on teh DWP's right to recover overpaid benefits) there is no compulsion to disclose. I would myself advise her not to continue the claim

The problem might arise if she does in fact recover compenstion; the defendnats will challange any certificate of recoverable benefit and will do so by sending the DWP the medical reports in question.

Therefore, she will lose the benefits anyway, probably.

Of course, the DWP can take a different view, but one would have thought that unlikely (see comments on another thread about BA doctors not being able to challenge a consultant's opinion).

Hope this helps (you, I appreciate it won't help the client).

Here is a link to the other discussion forum thread highlighted by claire -

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=100&topic_id=1783&mesg_id=1783&page=