The National Insurance (Industrial Injuries) Act, 1946 / with general introduction and annotations by N.P. Shannon and Douglas Potter.

  • United Kingdom
Date:
1946
Catalogue details

Licence: Public Domain Mark

Credit: The National Insurance (Industrial Injuries) Act, 1946 / with general introduction and annotations by N.P. Shannon and Douglas Potter. Source: Wellcome Collection.

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    NO. 35.—NATIONAL INSURANCE (INDUSTRIAL INJURIES) ‘‘ interlocutory judgment ”’ for the purposes of R.S.C., Ord. 58, which governs appeals a the Court of Appeal. See Annual Practice, 1945, 1283, and especially Rule 3, zbid. 1298. As to the provision dealing with costs, see General note, supra. The effect of it is merely to remove any doubts which there might be about the Court’s discretion as to costs, which is, in any event, absolute so long as it is exercised judicially. As to the judicial discretion, see Campbell (Donald) & Co., Lid. v. Pollak, [1937] A.C. 732; 43 ae 335, 7370.---The Judge has the same powers irrespective ‘of whether the case is “test case’’ or not. <A “ test case’’ is merely one whose facts are so similar to thost in other cases that it is safe to assume that the other cases would’ be decided in the same way. (k) Review by Minister .—The questions which may be reviewed are those set out in section 36 (1) (a) and (b), supra, that is the “‘ special questions ”’ “New facts ’’ in this context is not confined, as in the rule as to-adducing fresh evidence in the appellate courts of common law, to facts which could not with reasonable diligence have been discovered before (see R.S.C., Ord. 58, Rule 4 and notes thereto ; Annual Practice, 1945, 1299), and there seems to be no reason why it should be so confined. The materiality or importance of the new facts is a matter entirely for the Minister and is left to his discretion. His refusal to review a decision might amount to ‘‘a question of law’ under subsection (1), supra, if it was based on wrong principles. The person by whom the new facts are brought to his notice is left open, nor is there any limitation put upon the evidence by which they are to be proved. For the power of review given to insurance officers, and local appeal tribunals on reference, see section 50, post. For review of medical decisions, see section 40, post. Similar provisions to this subsection appear in section 5. (3) and (4) of the Family Allowances Act, 1945; 32 Statutes Supp. 77. (7) Questions mentioned in section 36 (1) (a) (i) to (iv).—See note (0), supra. (m) Appeal on question of law.—See notes to subsection (1), supra. This proviso means that there may be a review by the Minister unless an appeal is pending against the decision, and that when there has been a review the decision as reviewed is subject to appeal under subsection (1) like an original decision. An appeal is ““ pending ’’ once the proper notice has been served on the proper persons within the prescribed time. Determination of questions by medical boards and medical appeal tribunals 38. Constitution of medical boards and medical appeal tri- -bunals.—(1) Medical boards for the purposes of this Act (a) shall be appointed by the Minister (5) and shall consist of two or more medical practitioners (c) of whom one shall be appointed as chairman : Provided that the Minister may arrange with any other Government department that any medical board consisting of two or more medical practitioners appointed or recognised by that department shall be a medical board for the purposes of this Act (d). (2) Medical appeal tribunals for the purposes of this Act (e) shall be appointed by the Minister and shall consist of a chairman and two medical practitioners (/). (3) Subject as aforesaid the constitution of medical boards and medical appeal tribunals shall be determined by regulations (g). determination of medical questions. It provides for the appointment and constitution of medical boards and medical appeal tribunals. Under the Workmen’s Compensation Act, 1925, sections 17-20 ; Willis 462—464 ; there was a procedure laid down for medical examination and for reference to a medical The hearing before the medical referee has recently been held not to be such as to confer judicial privilege on observations made in the course of it (Smith v. National Meter Co., Lid., [1945] 2 All E.R. 35, at p. 42). 6551) was published in September, 1944, that the Medical Boards of the Ministry of Pensions might be used for the medical assessment of pension, when the insured person’s condition was considered to warrant assessment by a medical board (ibid., paragraph 36 (iv) ). Medical practitioners may also sit as additional members of, or assessors with, local appeal tribunals (section 43 (2), post). (a) Medical boards for the purposes of this Act,—That is, for the purposes f