Gray v. Shotts Iron Co., Ltd [1912] ScotLR 906 (12 July 1912)

Gray v. Shotts Iron Co., Ltd [1912] ScotLR 906 (12 July 1912)

Where a medical referee's report is absolute and conclusive as to the workman's fitness for employment, and there is no averment of inability to obtain employment due to the accident, the workman is precluded from leading evidence of diminished wage-earning capacity; the statutory finality clause applies.

Citation
[1912] ScotLR 906
Parties
Pursuer and Appellant: John Gray; Defenders and Respondents: Shotts Iron Company, Limited
Jurisdiction
Scotland
Judgment Date
12 July 1912
Procedural Posture
Arbitration Appeal Under Workmen's Compensation Act 1906 / Appeal From Sheriff Substitute Decision
Outcome
appeal dismissed
Legal Topics
Workmen's Compensation, Finality of Medical Referee's Report, Wage Earning Capacity, Remit to Medical Referee
Employment Law Personal Injury Statutory Compensation Workmen's Compensation Finality of Medical Referee's Report Wage Earning Capacity Remit to Medical Referee

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Parties

John Gray

Pursuer and Appellant

Shotts Iron Company, Limited

Defenders and Respondents

Procedural Posture

Arbitration Appeal Under Workmen's Compensation Act 1906 / Appeal From Sheriff Substitute Decision

Legal Issues

  1. 1 Does the medical referee's report preclude the workman from leading evidence of diminished wage-earning capacity?
  2. 2 Should proof have been allowed of the pursuer's averment of reduced earning capacity?

Ratio Decidendi

Where a medical referee's report is absolute and conclusive as to the workman's fitness for employment, and there is no averment of inability to obtain employment due to the accident, the workman is precluded from leading evidence of diminished wage-earning capacity; the statutory finality clause applies.

Court Disposition

appeal dismissed

Orders

  • compensation ended as at 18th January 1912
  • pursuer found liable to defenders in the sum of one guinea of expenses