Morgan v. William Dixon, Ltd [1911] UKHL 45 (13 November 1911)

Morgan v. William Dixon, Ltd [1911] UKHL 45 (13 November 1911)

There is no absolute legal right for a workman to have his own doctor present at a medical examination under the Workmen's Compensation Act 1906; the reasonableness of such a demand is a question of fact for the arbitrator to determine in each case.

Source-derived case information.

Citation
[1911] UKHL 45
Parties
Appellant: Morgan; Respondent: William Dixon, Limited
Jurisdiction
United Kingdom
Judgment Date
13 November 1911
Procedural Posture
Appeal / House of Lords Judgment on Appeal From Court of Session
Outcome
Appeal dismissed with expenses.
Legal Topics
Workmen's Compensation, Medical Examination of Employee, Reasonableness of Conditions, Procedural Rights of Workmen
Labour Law Personal Injury Law Workmen's Compensation Medical Examination of Employee Reasonableness of Conditions Procedural Rights of Workmen

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Parties

Morgan

Appellant

William Dixon, Limited

Respondent

Procedural Posture

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

  1. 1 Whether a workman is entitled as a matter of law to have his own doctor present at a medical examination required by the employer under the Workmen's Compensation Act 1906, First Schedule (4)
  2. 2 Whether the demand for the presence of the workman's own doctor is a question of law or fact

Ratio Decidendi

There is no absolute legal right for a workman to have his own doctor present at a medical examination under the Workmen's Compensation Act 1906; the reasonableness of such a demand is a question of fact for the arbitrator to determine in each case.

Court Disposition

Appeal dismissed with expenses.

Orders

  • Appeal dismissed
  • Appellant to pay expenses