Page 134 - Bundle for MF Final

Bates no 133

c
APPLICATION FOR ASSISTANCE OF A M KENZIE FRIEND
PART 5:CHRONOLOGV OF INSURANCE CLAIMS
5.7 SUSPENSION OCTOBER 2015
th
51. On 20 October 2015 the Claimant met with his line manager and campaigned to have
his pilot's licence suspended because, among other things, he said he "was putting
passengers at risk".

52. A detailed review of the Claimant's medical examinations reveals a dramatic and unusual
deterioration which is not consistent with the usual progression of tinnitus. In April 2015
he reported "some hearing loss" and "no long-term sleeping disturbance". But by
October 2015 - following Diamond Insurance's admission of liability- he was reporting
massive problems - such as;

• "the tinnitus being like an AC/DC concert in his head all day";

• "being unable to hear landing instructions which put the aircraft at risk"'

and that "this central disability made him feel stressed and out of control' and "he s come
to the reluctant conclusion3 that he is unable to continue with his occupation as an airline
7
pilot".

53. The medical advisers were not persuaded by the Claimant's self-diagnosis until he
repeated the fear that he was putting passengers' lives at risk. At that time the German
Wings pilot suicide was in the news and airlines were extremely worried over the physical
and mental health of their pilots.

5.8 EVENTS POST 27 rH OCTOBER 2015
th
54. On 27 October 2015 at the Claimant's licence was suspended and he was again placed
on sick leave.

55. In late November 2015 Counsel advised the Claimant that his loss of earnings could be
modest and "he must be pragmatic about the future".

56. In December 2015 Diamond Insurance agreed to make an interim payment of £20,000,
immediately. and a further payment in January 2016 when medical evidence became
available.

--- / (I J
57. It is clear that the lawyers involved were not impressed with the Claimant's case (see
paragraph 109-111) and the following months involved a cat and mouse game, with j
Diamond Insurance pushing for disclosure and the Claimant pressing for settlement, while
'
almost paranoid that he was under surveillance and that his bank accounts were being f j�l �1(1
38
• This ,s believed to have been a reason for ''gifting" £500,000 to LPJS.
rncmitoreci
(I
5.9 EVENTS POST 14 JANUARY 2016
TH
th
58. On 14 January 2016 at 10.28.00 the Claimant emailed Lynne Clarke his Base Captain at
Gatwick Airport stating:

37 In fact termination of his employment was his admitted goal
38 And that he would have to give evidence on Oath.
10 I Page