Compensation Commissioner pays up following court order over pension - Solidarity: Poor administration at Compensation Commissioner causes pension havoc

A pensioner from the Western Cape yesterday received his outstanding pension from the Compensation Commissioner in Pretoria at long last, following an urgent court ruling with an order as to costs in trade union Solidarity's favour. Solidarity brought an urgent court application against the Compensation Commissioner before the North Gauteng High Court last Friday, after the Commissioner had unlawfully stopped the pension payments of a Solidarity member, a pensioner who suffers from a serious occupational illness.

According to Hanlie van Vuuren, a litigant of Solidarity's Occupational Health and Safety Division, the payment of pensions for occupational injuries and diseases is sometimes terminated in an unfair and one-sided manner without due notice being given to the parties concerned because of the poor administrative system and large-scale chaos at the Compensation Commissioner.

The Solidarity member, Bertus Verwey (57), recently fell victim to this maladministration. According to Van Vuuren, Solidarity brought an urgent court application against the Commissioner before the North Gauteng High Court on Friday. This came after the Commissioner had unlawfully terminated Verwey's monthly pension. The Commissioner claimed that the pension had been stopped pending the submission of a medical report on Verwey's condition.

Verwey, who worked in the mining industry, was diagnosed with a serious occupational illness in 2002, but an award for permanent disability in terms of a settlement only followed in 2010. "In terms of this settlement and the provisions of the Occupational Injuries and Diseases Act (Act 130 of 1993), Verwey is entitled to a monthly pension for the rest of his life.

However, his pension payments were stopped without prior notice after only about 11 months. In addition, the pension payments were not implemented retroactively as determined by law," explained Van Vuuren. Solidarity took the matter up with the Commissioner, but after the Commissioner had ignored several reminders concerning the reinstatement of the payments and even defaulted on a promise to resume them, the trade union decided to take legal action.

The court ruled that Verwey's pension payments had to be reinstated the same day. However, the payments were only reinstated yesterday following more reminders by Solidarity's attorneys. Van Vuuren stressed that Solidarity will continue to take action against conduct of this nature by the Compensation Commissioner, even if it means going to court every time.

Solidarity is the only trade union in the country with a dedicated department which assists members with claims relating to occupational injuries and diseases. The Compensation Commissioner receives approximately 200 000 claims for occupational injuries and diseases annually and reported in its 2009/2010 annual report that 289 206 pensions were being paid.

Statement issued by Hanlie van Vuuren, Litigant: Occupational Health and Safety, Solidarity, November 3 2011

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