Morgan v. William Dixon Ltd [1910] ScotLR 296 (24 December 1910)

Morgan v. William Dixon Ltd [1910] ScotLR 296 (24 December 1910)

A workman is not entitled, in the absence of special circumstances, to refuse to submit to examination by a medical practitioner provided and paid by the employer unless his own medical attendant is present; such refusal amounts to refusal under section 4 of the First Schedule of the Workmen's Compensation Act 1906, thereby suspending the right to compensation.

Citation
[1910] ScotLR 296
Parties
Appellant: David Morgan; Respondent: William Dixon Limited
Jurisdiction
Scotland
Judgment Date
24 December 1910
Procedural Posture
Arbitration Appeal / Appeal From Sheriff Court at Hamilton to Court of Session Inner House Second Division
Outcome
appeal refused
Legal Topics
Workmen's Compensation, Medical Examination of Workman, Right to Presence of Own Medical Attendant
Employment Law Compensation Law Workmen's Compensation Medical Examination of Workman Right to Presence of Own Medical Attendant

Case Brief

Summary, issues, holding and outcome

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Parties

David Morgan

Appellant

William Dixon Limited

Respondent

Procedural Posture

Arbitration Appeal / Appeal From Sheriff Court at Hamilton to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether a workman is entitled, absent special circumstances, to refuse examination by the employer's medical practitioner unless his own doctor is present under section 4 of the First Schedule of the Workmen's Compensation Act 1906.
  2. 2 Whether such refusal amounts to 'refusal' or 'obstruction' under the Act.

Ratio Decidendi

A workman is not entitled, in the absence of special circumstances, to refuse to submit to examination by a medical practitioner provided and paid by the employer unless his own medical attendant is present; such refusal amounts to refusal under section 4 of the First Schedule of the Workmen's Compensation Act 1906, thereby suspending the right to compensation.

Court Disposition

appeal refused

Orders

  • Answer the first branch of the question of law in the negative.
  • Find that the appellant's refusal to submit to examination unless his doctor was allowed to be present amounted, in the circumstances, to refusal in terms of section 4 of the First Schedule of the Workmen's Compensation Act 1906.