Oireachtas Joint and Select Committees

Wednesday, 25 May 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

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

Ms Moyagh Murdock:

Okay. That case went before a judge and no additional information was provided in terms of medical reports or an additional rationale as to why the offer was rejected or why the claimant was arguing for a higher award. In that case, the outcome was that almost €80,000 was awarded to the claimant, which was more than four times the original offer made by PIAB which, in itself was a generous offer compared with the old book of quantum. The case is being appealed but it was very concerning that there was no rationale given for the deviation from the new guidelines.

Two other cases that have been heard are equally concerning. In each, the PIAB offers were rejected and the claims went before the court. The court awarded significantly more - three times more - than was originally offered, with no additional information or rationale given for the deviation. I am concerned that they have come through the system when we know there is a big backlog of old cases under the old book of quantum. The sooner we get the other elements of the reform agenda put in place, the sooner we can put these to bed. Then we will see certainty come back into the market and we will see the new guidelines reaffirmed by the courts. That is really important. The cases will be appealed and we need to see the awards by PIAB being reaffirmed by the Judiciary.

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