Strannigan v. William Baird & Co., Ltd [1904] ScotLR 41_609 (07 June 1904)

Strannigan v. William Baird & Co., Ltd [1904] ScotLR 41_609 (07 June 1904)

Failure by a workman to submit to examination by an official medical referee, after submitting to the employer's medical practitioner, does not preclude the workman from having his claim for compensation dealt with in arbitration under the Workmen's Compensation Act 1897; the statutory provision for further examination is permissive, not a condition precedent to arbitration.

Citation
[1904] ScotLR 41_609
Parties
Claimant/appellant: Matthew Strannigan; Respondent: William Baird & Company, Limited
Jurisdiction
Scotland
Judgment Date
07 June 1904
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1897 / Appeal to Court of Session Inner House, First Division
Outcome
Appeal allowed; question of law answered in the negative; case remitted to Sheriff to award compensation.
Legal Topics
Workmen's Compensation, Medical Examination of Workman, Suspension of Compensation Payments, Arbitration Competency
Employment Law Compensation Law Workmen's Compensation Medical Examination of Workman Suspension of Compensation Payments Arbitration Competency

Case Brief

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Parties

Matthew Strannigan

Claimant/appellant

William Baird & Company, Limited

Respondent

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1897 / Appeal to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether failure by a workman to submit to examination by an official medical referee precludes arbitration for compensation under the Workmen's Compensation Act 1897 after submitting to employer's medical practitioner.

Ratio Decidendi

Failure by a workman to submit to examination by an official medical referee, after submitting to the employer's medical practitioner, does not preclude the workman from having his claim for compensation dealt with in arbitration under the Workmen's Compensation Act 1897; the statutory provision for further examination is permissive, not a condition precedent to arbitration.

Court Disposition

Appeal allowed; question of law answered in the negative; case remitted to Sheriff to award compensation.

Orders

  • Remit to Sheriff to award compensation to the claimant.