Bryce & Co. v. Connor [1904] ScotLR 42_154 (06 December 1904)

Bryce & Co. v. Connor [1904] ScotLR 42_154 (06 December 1904)

The certificate of the appointed medical practitioner is conclusive evidence of the respondent's condition at the time of examination. In the absence of any offer by the employers to prove that the respondent was earning wages or that suitable work was available, the Sheriff was justified in refusing to reduce the weekly payment.

Citation
[1904] ScotLR 42_154
Parties
Appellant: Bryce & Company; Respondent: Peter Connor
Jurisdiction
Scotland
Judgment Date
06 December 1904
Procedural Posture
Appeal / Judgment on Appeal From Sheriff Substitute's Refusal to Alter Weekly Compensation Award
Outcome
Appeal dismissed; award of arbitrator affirmed.
Legal Topics
Workmen's Compensation, Review of Weekly Payments, Medical Evidence, Master and Servant
Labour Law Personal Injury Statutory Compensation Workmen's Compensation Review of Weekly Payments Medical Evidence Master and Servant

Case Brief

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Parties

Bryce & Company

Appellant

Peter Connor

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Sheriff Substitute's Refusal to Alter Weekly Compensation Award

Legal Issues

  1. 1 Whether the certificate of the appointed medical practitioner is conclusive evidence of the workman's condition under the Workmen's Compensation Act 1897, First Schedule (11)
  2. 2 Whether the Sheriff-Substitute was correct to exclude other evidence as to the respondent's earning capacity
  3. 3 Whether, on the certificate alone, the weekly payment should be diminished or ended

Ratio Decidendi

The certificate of the appointed medical practitioner is conclusive evidence of the respondent's condition at the time of examination. In the absence of any offer by the employers to prove that the respondent was earning wages or that suitable work was available, the Sheriff was justified in refusing to reduce the weekly payment.

Court Disposition

Appeal dismissed; award of arbitrator affirmed.

Orders

  • Answer the first question of law in the affirmative (certificate is conclusive evidence).
  • Answer the second question in the negative (no duty to allow further proof in absence of request).