Cunningham v. M'Naughton & Sinclair [1910] ScotLR 781 (07 July 1910)

The question of recovery is a matter of fact for the arbitrator, and the reference to a medical referee and his adverse report extinguished the original compensation agreement, barring its recording.

Citation: [1910] ScotLR 781
Parties: Applicant: R. C. Cunningham; Respondent: M'Naughton & Sinclair
Jurisdiction: Scotland
Judgment Date: 07 July 1910
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed for applicant; appeal allowed for respondent.
Legal Topics: Workmen's Compensation, Master and Servant, Recording of Agreement, Medical Referee, Termination of Compensation

Employment Compensation Workmen's Compensation Master and Servant Recording of Agreement Medical Referee Termination of Compensation

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Parties

R. C. Cunningham

Applicant

M'Naughton & Sinclair

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether compensation should be ended based on medical referee's report
2 Whether memorandum of agreement should be recorded after cessation of compensation

Ratio Decidendi

The question of recovery is a matter of fact for the arbitrator, and the reference to a medical referee and his adverse report extinguished the original compensation agreement, barring its recording.

Court Disposition

Appeal dismissed for applicant; appeal allowed for respondent.

Orders

Compensation ended as at date of judgment.
Memorandum of agreement not to be recorded.