Archibald Finnie & Son v. Duncan [1904] ScotLR 42_192 (13 December 1904)

Archibald Finnie & Son v. Duncan [1904] ScotLR 42_192 (13 December 1904)

A workman who leaves the country without notice and makes it impossible for the employer to conduct the statutory medical examination obstructs examination within the meaning of section 11 of the First Schedule of the Workmen's Compensation Act 1897, justifying suspension of weekly payments until examination can occur.

Citation
[1904] ScotLR 42_192
Parties
Appellant: Archibald Finnie & Son; Respondent: Robert Duncan
Jurisdiction
Scotland
Judgment Date
13 December 1904
Procedural Posture
Appeal / Judgment on Appeal From Sheriff Substitute in Arbitration Under Workmen's Compensation Act 1897
Outcome
Appeal sustained; respondent's right to compensation suspended in hoc statu.
Legal Topics
Workmen's Compensation, Review of Weekly Payment, Obstruction of Medical Examination
Labour Law Compensation Law Workmen's Compensation Review of Weekly Payment Obstruction of Medical Examination

Case Brief

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Parties

Archibald Finnie & Son

Appellant

Robert Duncan

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Sheriff Substitute in Arbitration Under Workmen's Compensation Act 1897

Legal Issues

  1. 1 Whether a workman's right to weekly compensation payments should be suspended when he leaves the United Kingdom without notice, making medical examination impossible under the Workmen's Compensation Act 1897.

Ratio Decidendi

A workman who leaves the country without notice and makes it impossible for the employer to conduct the statutory medical examination obstructs examination within the meaning of section 11 of the First Schedule of the Workmen's Compensation Act 1897, justifying suspension of weekly payments until examination can occur.

Court Disposition

Appeal sustained; respondent's right to compensation suspended in hoc statu.

Orders

  • Suspension in hoc statu of respondent's right to weekly compensation payments until medical examination can take place.