Smith v. Davis & Sons, Ltd [1915] UKHL 524 (29 March 1915)

Smith v. Davis & Sons, Ltd [1915] UKHL 524 (29 March 1915)

Under the Workmen's Compensation Act 1906, Schedule I (4), a workman is required to submit to as many medical examinations as the employer may reasonably require, and refusal to do so justifies suspension of compensation rights and proceedings until compliance. The County Court Judge has jurisdiction to make such an...

Source-derived case information.

Citation
[1915] UKHL 524
Parties
Appellant: Charles Smith; Respondent: Davis & Sons, Limited
Jurisdiction
United Kingdom
Judgment Date
29 March 1915
Procedural Posture
Appeal / House of Lords Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Workmen's Compensation, Medical Examination Requirement, Suspension of Compensation Rights
Labour Law Personal Injury Statutory Compensation Workmen's Compensation Medical Examination Requirement Suspension of Compensation Rights

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Parties

Charles Smith

Appellant

Davis & Sons, Limited

Respondent

Procedural Posture

Appeal / House of Lords Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether a workman is required to submit to multiple medical examinations under the Workmen's Compensation Act 1906, Schedule I, paragraph 4, when reasonably required by the employer
  2. 2 Whether refusal to submit to such examination justifies suspension of compensation proceedings

Ratio Decidendi

Under the Workmen's Compensation Act 1906, Schedule I (4), a workman is required to submit to as many medical examinations as the employer may reasonably require, and refusal to do so justifies suspension of compensation rights and proceedings until compliance. The County Court Judge has jurisdiction to make such an order if the requirement is reasonable.

Court Disposition

Appeal dismissed

Orders

  • Order of the County Court Judge suspending proceedings until the workman submits to medical examination affirmed
  • Appellant to pay costs