Davidson v. Summerlee and Mossend Iron and Steel Co., Ltd [1903] ScotLR 40_764 (10 June 1903)

Davidson v. Summerlee and Mossend Iron and Steel Co., Ltd [1903] ScotLR 40_764 (10 June 1903)

A workman who, having been examined by the employer's medical practitioner and found fit for work, is dissatisfied with the report but refuses to submit to examination by an official medical practitioner under the Act, is not entitled to have his claim dealt with by arbitration and his compensation is suspended until such examination takes place.

Citation
[1903] ScotLR 40_764
Parties
Claimant and Appellant: William Davidson; Respondents: Summerlee and Mossend Iron and Steel Company, Limited
Jurisdiction
Scotland
Judgment Date
10 June 1903
Procedural Posture
Appeal Stated Case in Arbitration Under Workmen's Compensation Act 1897 / Appeal From Sheriff Substitute's Decision
Outcome
Appeal dismissed
Legal Topics
Workmen's Compensation, Medical Examination, Suspension of Compensation, Arbitration, Agreement Under Statute
Labour Law Compensation Law Workmen's Compensation Medical Examination Suspension of Compensation Arbitration Agreement Under Statute

Case Brief

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Parties

William Davidson

Claimant and Appellant

Summerlee and Mossend Iron and Steel Company, Limited

Respondents

Procedural Posture

Appeal Stated Case in Arbitration Under Workmen's Compensation Act 1897 / Appeal From Sheriff Substitute's Decision

Legal Issues

  1. 1 Whether a workman who refuses to submit to examination by an official medical practitioner is debarred from arbitration under the Act
  2. 2 Whether compensation is suspended so long as the workman refuses such examination

Ratio Decidendi

A workman who, having been examined by the employer's medical practitioner and found fit for work, is dissatisfied with the report but refuses to submit to examination by an official medical practitioner under the Act, is not entitled to have his claim dealt with by arbitration and his compensation is suspended until such examination takes place.

Court Disposition

Appeal dismissed

Orders

  • Both questions of law answered in the affirmative
  • Appellant not entitled to arbitration while refusing official medical examination