 VWF is similar to Raynaud's disorder |
Thousands of former miners in Wales who were turned down for industrial injury benefit payments await a judge's reserved decision on their claim. The miners' union Nacods is fighting negative assessments for Vibration White Finger (VWF) - made by the Department of Work and Pensions (DWP) - under the Human Rights Act, claiming the ex-miners were not given a fair hearing.
A decision by Mr Justice Pitchford is expected later this week.
Many former miners claim they were denied the right to benefits under the DWP's assessment sessions, which industrial claim solicitors Hugh James say are both unscientific and "wholly unreliable".
Thousands of miners who have received compensation for their VWF injuries under Department of Trade assessments have subsequently been denied disability payments by the DWP.
 Ray Lewis: 'Debilitating' |
The discrepancy between the two government departments was "ridiculous", said solicitor Gareth Morgan, and has led to the judicial review in the High Court.
At question is the DWP's own disability benefit assessment, which partly consists of claimants placing their hands in a bucket or bowl of cold water, known as the Cold Water Provocation Test.
In the High Court on Wednesday, Nacods' counsel, Keir Starmer QC, described the test as a "useless diagnostic tool".
The court was told that as long ago as 1993, the Royal College of Physicians had described the test as of "negligible value".
But Mr Jonathan Moffett, for the Department of Works and Pensions, said the test was "practicable, useable, repeatable and acceptable".
Mr Moffett said it was accepted the Cold Water Provocation Test was "not particularly reliable", but he added more sophisticated tests were complex and impractical and their accuracy had not been proven.
Vibration White Finger: Industrial cause, related to Reynauld's syndrome Symptoms - loss of nerve sensation, whitened fingertips Loss of dexterity reduces quality of life for sufferers |
Former miners such as Ray Lewis, from Aberdare in the south Wales Valleys, have described the test procedure by a pension department's doctor as a "joke".
He said he had spent just 20 minutes being assessed, which involved putting his hand in a bowl of tepid water.
This failed to produce the blanching effect of cold water - which highlights the condition - and left Mr Lewis feeling frustrated and angry about the whole testing process.
Mr Lewis previously underwent a three-and-a-half hour medical test for industrial compensation by the Department of Trade and Industry, which concluded he did have VWF.
My writing is almost illegible; this condition effects my life every day  |
The quality of life for the 63-year-old has suffered tremendously from the effects of VWF. Years of using heavy plant machinery have meant he has lost most of the nerve sensation and dexterity in his fingers and is left without sensation in his whitened fingertips.
Mr Lewis said he cannot tinker with his car anymore or enjoy playing golf.
He had worked as a miner for 40 years, using heavy power tools for years, and finished up as pit overman at Tower Maerdy colliery in 1991.
He was diagnosed by a vascular surgeon as having debilitating Vibration White Finger (VWF) and he has medical records from a Department of Trade and Industry medical test, which concluded he had level three VWF - the second highest level.
The results of the DWP assessment, though, were completely at odds, he said, with all the other medical evidence.
It was only after going to the lengths of an appeals tribunal - which many former miners have not done - that he was able to win his battle for industrial compensation. He now receives the modest compensation sum of �280 per month.
A DWP spokesman said: "The 'cold water test' is one among a number of tools available to departmental doctors to assess claims relating to Vibration White Finger.
"Its use depends on the professional judgement of a doctor - it is not obligatory - who will also take into account other aspects of the assessment process such as the history of the claimant."
Mr Lewis, though, has backed the judicial review in London, saying he felt many miners had been let down by the DWP medical assessment process.
"When I went for the 20 minute test in Cardiff in 2001, it was nothing short of a joke," he told BBC News Online.
"My writing is almost illegible; this condition effects my life every day."