Baird & Co., Ltd v. Kane [1905] ScotLR 42_347 (28 January 1905)

Baird & Co., Ltd v. Kane [1905] ScotLR 42_347 (28 January 1905)

A workman who moves abroad for legitimate reasons and offers to submit to medical examination locally or to travel for examination if expenses are paid does not refuse or obstruct examination under section 11 of the Workmen's Compensation Act 1897. The employer's demand that the workman return at his own expense for examination is unreasonable. Suspension of compensation is not justified unless the employer provides a reasonable opportunity for examination.

Citation
[1905] ScotLR 42_347
Parties
Complainer: Baird & Company, Limited; Respondent: Henry Kane
Jurisdiction
Scotland
Judgment Date
28 January 1905
Procedural Posture
Suspension (employer's Application to Suspend Enforcement of Compensation Order) / Inner House, First Division, Court of Session (appeal/reclaiming Motion)
Outcome
Suspension refused; interlocutor of Lord Ordinary adhered to.
Legal Topics
Workmen's Compensation, Medical Examination, Reasonableness of Employer's Demands, Obstruction of Examination, Statutory Interpretation
Employment Law Compensation Law Workmen's Compensation Medical Examination Reasonableness of Employer's Demands Obstruction of Examination Statutory Interpretation

Case Brief

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Parties

Baird & Company, Limited

Complainer

Henry Kane

Respondent

Procedural Posture

Suspension (employer's Application to Suspend Enforcement of Compensation Order) / Inner House, First Division, Court of Session (appeal/reclaiming Motion)

Legal Issues

  1. 1 Whether a workman in receipt of compensation who moves abroad is obliged to return at his own expense for medical examination by the employer's doctor under the Workmen's Compensation Act 1897, First Schedule, sec. 11.
  2. 2 Whether refusal to attend such examination without payment of travel expenses constitutes refusal or obstruction under the Act, justifying suspension of compensation.

Ratio Decidendi

A workman who moves abroad for legitimate reasons and offers to submit to medical examination locally or to travel for examination if expenses are paid does not refuse or obstruct examination under section 11 of the Workmen's Compensation Act 1897. The employer's demand that the workman return at his own expense for examination is unreasonable. Suspension of compensation is not justified unless the employer provides a reasonable opportunity for examination.

Court Disposition

Suspension refused; interlocutor of Lord Ordinary adhered to.

Orders

  • Employers not entitled to suspend weekly compensation payments.
  • Employers must resume payment of compensation to the respondent.