Dowds v. Bennie & Son [1902] ScotLR 40_239 (19 December 1902)

Dowds v. Bennie & Son [1902] ScotLR 40_239 (19 December 1902)

Where a workman's incapacity is due to his own neglect to adopt simple, safe, and effective treatment, he is disentitled to continued compensation payments. A medical referee's report under Statutory Rules 1898, No. 407, sec. 2, is not final but is evidence for the court's consideration.

Citation
[1902] ScotLR 40_239
Parties
Claimant/appellant: James Dowds; Respondents: James Bennie & Son
Jurisdiction
Scotland
Judgment Date
19 December 1902
Procedural Posture
Arbitration Appeal Under Workmen's Compensation Act 1897 / Appeal From Sheriff Substitute to Court of Session Inner House, First Division
Outcome
Appeal dismissed; questions of law answered in the negative.
Legal Topics
Workmen's Compensation, Master and Servant, Medical Evidence, Review of Award, Finality of Medical Referee's Report
Labour Law Personal Injury Statutory Compensation Workmen's Compensation Master and Servant Medical Evidence Review of Award Finality of Medical Referee's Report

Case Brief

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Parties

James Dowds

Claimant/appellant

James Bennie & Son

Respondents

Procedural Posture

Arbitration Appeal Under Workmen's Compensation Act 1897 / Appeal From Sheriff Substitute to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether continued incapacity due to want of treatment disentitles workman to compensation
  2. 2 Whether medical referee's report is final as to causation and condition under Statutory Rules 1898, No. 407, sec. 2

Ratio Decidendi

Where a workman's incapacity is due to his own neglect to adopt simple, safe, and effective treatment, he is disentitled to continued compensation payments. A medical referee's report under Statutory Rules 1898, No. 407, sec. 2, is not final but is evidence for the court's consideration.

Court Disposition

Appeal dismissed; questions of law answered in the negative.

Orders

  • Order ending weekly compensation payments to appellant affirmed.