Oireachtas Joint and Select Committees

Wednesday, 30 March 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Personal Injuries Resolution Board Bill 2022: Discussion

Mr. John Newham:

The difference between the guidelines and the book of quantum is that the guidelines are certainly more prescriptive, especially with lower level injuries. However, the new guidelines did not diverge from the book of quantum with regard to catastrophic injuries. That has not necessarily changed. The guidelines literally go into every type of injury, every part of the body. There is a significant itemisation of the various injuries there.

As for catastrophic injuries, PIAB can certainly deal with those cases but it might be at a level where judgment is required and that is where the case becomes more complicated. With catastrophic injuries, there can also be a number of injuries interplaying with each other. That is where PIAB can decide that a case is far too complicated for it and requires more medical assessments and a judgment to be made of the interplay of all these injuries and the long-term prognosis. Such cases tend not to be within the PIAB fold because of their complexity. The current legislation allows for PIAB to withdraw from cases of that nature.

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