Taylor v. Burnham & Co. [1909] ScotLR 482 (02 March 1909)
The production of a certifying surgeon's certificate is not a procedural condition-precedent to the initiation of a claim under section 8(1)(i) of the Workmen's Compensation Act 1906; it suffices that the certificate is produced during the proceedings.
- Citation
- [1909] ScotLR 482
- Parties
- Appellant: John Taylor; Respondent: Burnham & Company
- Jurisdiction
- Scotland
- Judgment Date
- 02 March 1909
- Procedural Posture
- Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, First Division, Court of Session
- Outcome
- Remitted to the Sheriff-Substitute to proceed; question of law not answered.
- Legal Topics
- Workmen's Compensation, Industrial Disease, Procedural Requirements, Production of Medical Certificate
Case Brief
Summary, issues, holding and outcome
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Parties
John Taylor
Appellant
Burnham & Company
Respondent
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, First Division, Court of Session
Legal Issues
- 1 Whether obtaining and notifying a certifying surgeon's certificate is a condition-precedent to a claim for compensation under section 8(1)(i) of the Workmen's Compensation Act 1906
Ratio Decidendi
The production of a certifying surgeon's certificate is not a procedural condition-precedent to the initiation of a claim under section 8(1)(i) of the Workmen's Compensation Act 1906; it suffices that the certificate is produced during the proceedings.
Court Disposition
Remitted to the Sheriff-Substitute to proceed; question of law not answered.
Orders
- Remit case to Sheriff-Substitute for determination of factual issues.
Full Case Text
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