Gilhooley v. John Watson Ltd [1924] ScotLR 539 (17 June 1924)

Gilhooley v. John Watson Ltd [1924] ScotLR 539 (17 June 1924)

The statutory requirement is satisfied when the medical referee certifies the workman's physical condition at the time of examination; there is no obligation to certify as to the extent of disablement or fitness for employment under section 11(2) of the 1923 Act.

Citation
[1924] ScotLR 539
Parties
Respondent: John Gilhooley; Appellant: John Watson Limited
Jurisdiction
Scotland
Judgment Date
17 June 1924
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Acts / Inner House, Court of Session, on Stated Case
Outcome
appeal dismissed; question of law answered in the affirmative
Legal Topics
Workmen's Compensation, Industrial Disease, Medical Certification, Extent of Disablement
Labour Law Compensation Law Workmen's Compensation Industrial Disease Medical Certification Extent of Disablement

Case Brief

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Parties

John Gilhooley

Respondent

John Watson Limited

Appellant

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Acts / Inner House, Court of Session, on Stated Case

Legal Issues

  1. 1 Whether a medical referee under the Workmen's Compensation Act 1923 is required to certify as to the extent of disablement (total or partial) or only as to the condition of the workman.

Ratio Decidendi

The statutory requirement is satisfied when the medical referee certifies the workman's physical condition at the time of examination; there is no obligation to certify as to the extent of disablement or fitness for employment under section 11(2) of the 1923 Act.

Court Disposition

appeal dismissed; question of law answered in the affirmative

Orders

  • Motion to remit to the medical referee refused.