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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Morgan
Appellant
William Dixon, Limited
Respondent
Procedural Posture
Appeal / House of Lords Judgment on Appeal From Court of Session
Legal Issues
- 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 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
Full Case Text
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