Yet Again The Battle Continues With I... - Lung Conditions C...

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Yet Again The Battle Continues With IIDB And Her Majistys Courts & Tribural Service

18 Replies

Today the tributal service wrote to me saying thay are experts in theses cases and there as been no error in law when it cones to my asbestosis claim.

Yep used loads of good words one's like thay had looked at my xray report .. i might ad thay would have to be good becouse i have never seen one let alone read a report in my bundle,

Also thay go on about diease and illness like i dont know the difference.

Also thay have clearly seen the ass as thay dont like me going on asbestos in food or calling judge docter loons and how my first appeal was a .. then HMCTS try to say my right to appeal is not excusse to have a other go at it LIKE really a first un biased appeal would of been nice...and what are thay trying to inply.

A know i have few cognative memory proplems but a dont think i suffer or under misapprehension as to pneumoconiosis act covering asbestosis dust exposer as its just not about coal miners.

Anyway experts in HMCTS say if it is proven that there is lung damage as a result of work place exposer if it is proven its dose not mean you are entitled to compensation.

Basicacly cutting threw the toff thay are saying yes you may have proven but we are going to dismiss ya claim appeal as its result of old age lung disease and not a accident ... as bronchitasias is not a perscribed diease LIKE no shit i never knew that .. thay must think am a total un reporsented moron OR the just trying it on given my ilk.

Also thay go on about bronchitiasas totally dismissed my other condition mainly emphysema and emphysematous changes bullea hyperventaltion syndrome gas trapping and consolidation of my inferior lingual what ever the .. that is.

Anyway am not warring there lies judge or no judge .... So i wrote to my mp with robust letter going on about all the stuff i have talked about on here and also a new thing called Oath of Office and how a apost to be guaranteed granted a fair unbiased hearing appeal.

As HMCATS have not answered my question on why thay said if i am coughing up asbestos fibers trapped in lung tissue its from the food am eating.

My claim is about being exposed at my x place of work so why would thay try to blame food industry.... And is that why thay have seen the ass .. as i keep asking for answer as my claim was not about asbestos in food or its industry.

Is frustrating how even mp's seem to stone wall ya when it come to something that thay don't like to hear.

Makes you think if thay can come out with such a statmeant what do thay know exactly about asbestos in food and more importantly what is being done about it .. Obv the silance specks volumes.

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18 Replies

Wow what a farce Daz, makes you wonder what they're covering up doesn't it. Lingula is a part of the lung and consolidation usually, although not always, refers to pneumonia - chronic or acute.

in reply to

Hi cheers yer is a farse thay do make it up as thay go along .. according to scholer article's someone quite young with multipul lung disease's who was previously fit and well is not a old age natruly occurring thing .. yet like those who cant prove there exposure get pissed of by iidb thay have twisted it and now saying even tho i have proven it and thay accecepted it as the case whyy thay saying its old persons natruly occuring lung diease.

Baffeld

Bigyogi223 profile image
Bigyogi223

Sorry to hear they have rejected your claim Daz. Its all about money, there are so many of us out there who could make claims should they except yours. A cynic might say the jjudges are in the pockets of the government and why not? they are all from the upper classes looking after each other's backs. What do they know or care about honest working people and the conditions we have had to work in.

They are a bunch of Toffs looking after their own best interest, end of.

in reply to Bigyogi223

Totaly agree with you there about em looking after them self ... yer am not letting them dismis my claim i have human rights and are intitaled to a qualty of life

Suzy6 profile image
Suzy6

Oh Daz what a struggle you are having to get justice. Stay in there don't give up. xx

in reply to Suzy6

Hi cheers yer dont plan on giving up :)

thomas8 profile image
thomas8

We have tried going through Union Solicitor to see if we can claim for the asbestos showing in my husband's lungs through exposure during his Motor Mechanic years but have been told that his records show only Pleural Plaques and the asbestos is not doing any harm and that until this changes he has no claim. How can this be as he has something in his lungs that he didn't ask for and they think this is okay!!!

in reply to thomas8

Yer totaly understand what ya saying is hard one .. Most solicitors are only intrested if its cancer or mes .. Its not like suffers are intitaled to qualty of what ever life thay have ... is grim but most asbestos suffers have heart problems so its not like thay get of with anything

Truly is a disgrace and these solicators need to get a grip and try living with it them self

PollyP profile image
PollyP

Hey day, you are sounding pretty hacked off eh? Have you asked Citizen's Advice Bureau to support you with your claims?

in reply to PollyP

Hi yer all waste of time and when u do see one thay say yer can advice you but cant attend appeals .. my doc's wont even disclose to anyone concerned if i have pulmary fibrosis .... Just eggnor them and hope all go away .. is shocking even tribural wont load xrays or scan results BUT last time i was at docs a could not see any black on my lung xray

Where as six month's befour i could see black on my xray ... Am hoping its just 7% hypertonic saline showing as all white.

Yer in my limted experiance with lung diease ad say every tthing is a secret and doc's dont like disclosing anything esp if you have made complantes about previous medical care treatment.

Plumbob profile image
Plumbob

Daz Please read my recent post which can possibly improve the chance of claims for asbestos

in reply to Plumbob

Hi plumbob cheers yer av just commented .. yer apparently its iron that trigers inflammation process .. Its ya bodies defence stuff that cause most damage trying to remove stuff ... there is talk that wifi or radiation can make iron in asbestos inhert so its no longer toxic to the body

Dont know how true it is but we live in hope

Toci profile image
Toci

Have you seen this, Daz? healthunlocked.com/blf/post...

in reply to Toci

Hi toci cheers thanks for keeping ya eye out for me .. Yer just commented on it.

Thanks again :)

Toci profile image
Toci in reply to

You are welcome. :)

Scooteeder profile image
Scooteeder

I don't often comment on this forum, but saw your post, and couldn't believe how let down you've been. TOTALLY agree with "Bigyogi"; looks like they are just trying to save money.

I know that feeling. I've had dealings with the Tribunal system myself - AND IT IS DEFINITELY NOT FAIR, OR IMPARTIAL. In my case, I took an employer for disability discrimination. Throughout, my employer bullied and intimidated me - and the Tribunal permitted them to keep doing this. They lied in witness statements; they withheld information. They deliberately sent information late. They contradicted themselves in statements. The also breached data protection - and it was proven that they had breached my confidentiality by getting a report from my GP without my knowledge or consent. They kept lying, and saying I wasn't disabled, even though THEIR OWN Occupational Health reports said I WAS!

This dragged on for YEARS, backwards and forwards and made me seriously stressed. I might add that during the whole Tribunal process, I remained ill, and had to have surgery. THIS is the worst part - and PROVES just what a farce the system is (it does NOT protect us at all)... MY employer tried to demand that the Tribunal hearing WENT AHEAD WHILST I WAS IN HOSPITAL! CAN YOU BELIEVE IT?!

Well, in the end, the Tribunal ruled that the hearing could not go ahead, as I was too ill. Basically, THAT did not help at all. Yes, it stopped my employer from having a hearing that I couldn't attend (which I think they wanted simply so they could get away with fibbing) - but it also meant the Tribunal was halted altogether. I suppose the Tribunal thought they were helping me (i.e. they thought I was too ill to go ahead with a Tribunal) - however, it would have been better if they could have put it on hold for some time whilst I had a chance to recover. I would then have been in a better position - and with fuller information, especially from my medical records.

I really DO think you have to fight every step of the way to get justice. I totally agree that, unless someone has experienced something for themself, they just do not understand. I cannot say what it is like to live with an asbestos-related lung condition, as I do not have it myself - but I CAN try to imagine (imagination seems to be something judges and solicitors lack). I mean, ANYONE knows just how rotten they feel with flu, or a stomach bug; these are things we ALL experience. So, if we know what it feels like to be poorly with something like that - surely it doesn't take much to imagine just how awful it must be for a person struggling to live with a long term illness or disability (like a serious lung condition)?

It sometimes feels to me like there is a major problem in the health services. They just DO NOT want to face fact, and admit when they get things wrong. They also DO NOT want to deal with people who fight for their rights. Mistakes get hidden, and patients with long term problems get treated like nuisances.

Maybe the organizations that you need to get in touch with are as follows...

AVMA (Action for Victims of Medical Acidents) - avma.org.uk

Patients First - patientsfirst.org.uk

The Patients Association - patients-association.com

ALL are campaigning for better rights for patients, and also can help with issues where a person has suffered neglect at the hands of the NHS or has an employment related disease.

Disability Law Services - dls.org.uk

The above might also be worth a look, as they can give advice on legal matters pertaining to disability - including industrial injury/disease claims.

I don't know if any of this will be any help - it may be utterly useless. I just felt so angry and sad to hear what you had been through. It reminded me of my own struggles. If all I can do is empathise, and say keep fighting for your rights - then, for what it's worth - keep it up.

Best wishes,

E.

sassy59 profile image
sassy59

It is so amazing that you still have a sense of humour Daz after all you have been put through by people who think they can get one over on you. It is disgusting and I do hope that one day soon you will win your fight and get compensation. Never give up or give in and good luck to anyone else trying to win their battles. Take care all. xxx

onamission profile image
onamission

Hi Daz have you thought about one of the no win no fee they might not try to pull the wool over the eyes of a solicitor and they might take you serious

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