Page 47 - Bundle for MF Final

Bates no 046

7. Dr. Gross (DEF's neurologist) identifies CL's delayed complaint of headaches, as
well as noting the de-motivating presence of CL' s safety net insurance policy.

8. Dr. Perry (DEF's Consultant in Occupational and Aviation Medicine) is unconvinced
that CL now has any condition related to the index accident that would prevent
him from flyig. He notes the high tone hearig loss recorded in the 1994 testing. He
notes the significant number of days off taken by CL in the years preceding the index
accident. He notes that CL passed all necessary flight checks in the 10/2014-10/2015
period of retu to work He concludes that none ofCL's orthopaedic, hearing loss and
tinnitus issues would prevent him from securg and maintaining the necessary medical
certifcate to fly. He emphasises the late onset of CL 's asserte headaches, their
somewhat inconsistent presentation, and that their fairly sudden and temporally
disconnected emergence does not fit with the recognised pattern of post-traumatic
headahes. Further, their resolution with an appropriate medication regime would in
any event enable CL to retu to flying. He also observes that there are many avenues
of ground-based employment within the aviation industry that CL could have (and
could yet) have taken up, even without him holding a valid flying medical certificate.

Disclosure

9. DEF notes CL's 2009 divorce, from which there will have been ancillary relief
proceed . DEF will seek disclosure of Forms E, associated docwnents �d any
gs
employment-related reports. These documents are likely to include CL's assertions as
to his longer tenn expectation and capacity for future earn , to include any relevant
gs
pre-accident health issues. These are relevant to CL's Clllt assertions as to his
intention to continue as a full-time pilot until age 65.

10. DEF also notes that CL has remained in dispute with his ex-wife over their children.
DEF will seek disclosure of any reports and witness statements generated in that
disput, to assess the extent to which CL contended that family issues were impacted by
( and impacted upon) his work: and whether he has indicate that his working pattern
was liable to future change. In this regard DEF notes in particular the 8/4/13 Meeting
Notes which cite children-related issues as the justification for CL changing his shift
patte.

Issues arising from CL's USD

11. As set out above, DEF will raise significant challenges to medical causation, and
whether CL' s cessation of flying can properly be attributed to the index accident,
whether in the long term or at all. If successful, the vast majority of CL 's financial
claims fall away. Beyond these central issues, DEF raises the following additional
points:.