Brown v. The Lochgelly Iron and Coal Co., Ltd [1906] ScotLR 44_180 (08 December 1906)

Brown v. The Lochgelly Iron and Coal Co., Ltd [1906] ScotLR 44_180 (08 December 1906)

An honest and reasonable mistake by the workman as to the seriousness of his injury constitutes 'mistake or other reasonable cause' for delay in giving notice under section 2(1) of the Workmen's Compensation Act 1897, and does not bar the claim for compensation.

Citation
[1906] ScotLR 44_180
Parties
Pursuer: George Brown; Defender: The Lochgelly Iron and Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
08 December 1906
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1897 / Inner House, Second Division, Court of Session
Outcome
Appeal dismissed; compensation claim not barred by delay in notice.
Legal Topics
Workmen's Compensation, Notice of Accident, Reasonable Cause for Delay
Employment Law Personal Injury Law Workmen's Compensation Notice of Accident Reasonable Cause for Delay

Case Brief

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Parties

George Brown

Pursuer

The Lochgelly Iron and Coal Company, Limited

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether failure to give timely notice of accident bars compensation claim under Workmen's Compensation Act 1897 section 2(1)
  2. 2 Whether honest mistake as to seriousness of injury constitutes 'mistake or other reasonable cause' for delay in notice

Ratio Decidendi

An honest and reasonable mistake by the workman as to the seriousness of his injury constitutes 'mistake or other reasonable cause' for delay in giving notice under section 2(1) of the Workmen's Compensation Act 1897, and does not bar the claim for compensation.

Court Disposition

Appeal dismissed; compensation claim not barred by delay in notice.

Orders

  • Second question answered in the affirmative: pursuer's failure to recognise seriousness of injury was 'mistake or other reasonable cause' for delay in notice.
  • Unnecessary to answer first question.