Anderson v. William Baird & Co., Ltd [1903] ScotLR 40_263 (15 January 1903)

Anderson v. William Baird & Co., Ltd [1903] ScotLR 40_263 (15 January 1903)

A workman who refuses, without reasonable grounds, to undergo a simple and low-risk surgical operation that would likely restore or improve his earning capacity may be disentitled to substantial compensation under the Workmen's Compensation Act 1897, but may be awarded nominal compensation until further order.

Citation
[1903] ScotLR 40_263
Parties
Appellant: John Anderson; Respondent: William Baird & Co., Ltd.
Jurisdiction
Scotland
Judgment Date
15 January 1903
Procedural Posture
Appeal (stated Case) From Arbitration Under Workmen's Compensation Act 1897 / Judgment on Appeal
Outcome
decision of arbitrator recalled in hoc statu; case remitted for award of nominal compensation
Legal Topics
Workmen's Compensation, Refusal of Medical Treatment, Master and Servant, Surgical Operation and Entitlement, Nominal Damages
Employment Law Personal Injury Statutory Compensation Workmen's Compensation Refusal of Medical Treatment Master and Servant Surgical Operation and Entitlement Nominal Damages

Case Brief

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Parties

John Anderson

Appellant

William Baird & Co., Ltd.

Respondent

Procedural Posture

Appeal (stated Case) From Arbitration Under Workmen's Compensation Act 1897 / Judgment on Appeal

Legal Issues

  1. 1 Whether refusal by an injured workman to undergo a minor surgical operation disentitles him to further compensation under the Workmen's Compensation Act 1897

Ratio Decidendi

A workman who refuses, without reasonable grounds, to undergo a simple and low-risk surgical operation that would likely restore or improve his earning capacity may be disentitled to substantial compensation under the Workmen's Compensation Act 1897, but may be awarded nominal compensation until further order.

Court Disposition

decision of arbitrator recalled in hoc statu; case remitted for award of nominal compensation

Orders

  • Appellant to be allowed one penny weekly until further order of the Court