Silicosis settlement organisation the Tshiamiso Trust says its reviewing authorities have begun their work considering disputes logged by claimants who are not satisfied with the notice of ineligibility, certificate of medical finding or trust certification.
The Tshiamiso Trust Deed allows for any claimant who wishes to dispute their claim findings to lodge an appeal with the reviewing authority within 30 days of being issued with a disputed determination.
The reviewing authority panel is comprised of independent experts who were not involved in determining the original claim outcome. It is made up of two independent authorities.
The medical practitioners appointed to the medical reviewing authority (MRA) review disputes related to medical certification findings. The lawyers making up the certification reviewing authority (CRA) review notices of ineligibility issued by lodgement officers and certifications issued by the Trust Certification Committee.
The MRA reviewed its first disputed claims on May 15, and the CRA considered the first of its disputes on May 22. The trust aims to clear the backlog by the end of September 2023.
“The Trust Deed is very prescriptive on eligibility criteria, and we cannot deviate from its stipulated terms. It also makes a provision for claimants to submit a dispute should they disagree with the Trust’s findings. The disputing claimants are encouraged to adhere to the prescribed 30-day period within which to refer the disputed determination to the reviewing authority,” says Tshiamiso Trust CEO Dr Munyadziwa Kwinda.
“It is important to note that the Trust is mandated to carry out the terms of the settlement agreement, guided by the Trust Deed which cannot be changed by the trustees or the management of the Trust.”
The Tshiamiso Trust was established to give effect to the settlement agreement reached between six mining companies and claimant attorneys in the historic silicosis and tuberculosis class action.