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.

    134/252 (page 124)
    NO. 35.—NATIONAL INSURANCE (INDUSTRIAL INJURIES) ‘““the Minister [of Pensions] has reason to believe that the award has been obtained by ~ improper means ’’. | Section 43 (1) (b) of the Workmen’s Compensation Act, 1925; Willis 581; pro- q vided for the suspension of compensation if it was proved that the workman had at the time of entering the employment “‘ wilfully and falsely represented himself in writing ”’ as not having previously suffered from an industrial disease. It was also competent for the workman to proceed under the Act to have an agreement, made under section 21 ; Willis 487 ; set aside on the ground, among others, of fraud. See the cases collected in | Willis 494-495. . (d) Relevant loss of faculty.—This means -the loss of faculty resulting from the © relevant injury (section 88 (1), post). “‘ Relevant injury’’ means, in relation to any benefit, the injury in respect of which that benefit is claimed or payable (ibid.). As to the assessment of the disablement resulting from the relevant loss of faculty, see section 12, ante. ; (ec) Substantial and unforeseen aggravation of the resuits of the relevant injury .—For cases where the injury was aggravated by the condition of the workman, see Willis 18, 241, 242. The aggravation, i.e. becoming more serious—worsening, of the results must be substantial, not merely trivial, and must be unforeseen, i.e. not fore- seen by the previous board or tribunal (though not necessarily unforeseeable), before the medical board can review the decision. ‘“‘ Satisfied ’’ means “ satisfied on balance ”’ not “beyond all reasonable doubt’”’ as in a criminal case. See note (b), supra. As to the “relevant injury ’’, see note (d), supra. (f) Period taken into account by the assessment.—As to this, see section 12 (4), ante. (g) Substantial injustice.—This is an expression which is difficult to define but fairly easy to apply to the facts of any particular case. It is, in this proviso, largely a medical question. Similar expressions occur in'a number of enactments relating to appeals. For example in R.S.C., Ord. 39, Rule 6; Annual Practice, 1945, 733; the expression ‘‘ some substantial wrong or miscarriage ’’ is used in connection with appli- cations to the Court of Appeal for a new trial. In the Matrimonial Causes Rules, 1944, Rule 68 (6); S.R. & O. 1944 No. 389/L.16, the expression “‘ substantial wrong or mis- carriage ’’ is used in connection with appeals from courts of summary jurisdiction to the divisional court of the Probate Division of the High Court of Justice. In section 4 of the Criminal Appeal Act, 1907 ; 4 Halsbury’s Statutes 728 ; the expression “‘ substantial miscarriage of justice ’’ is used in relation to criminal appeals. For authorities, see 26 Halsbury’s Laws (2nd Edn.) 127, and 9 Halsbury’s Laws (2nd Edn.) 273. (hk) No review without leave during certain periods.—The method of applying for leave is not specified. It will presumably be prescribed by regulations. The purpose of this subsection appears to be the same as that of the proviso to section 39 (2), ante. Seenote (kh) tothat section. As to provisional assessment, see section 12 (4), ante. (1) The provisions of Part II of this Act.—This is the Part of the Act dealing with benefit. The provision most relevant seems to be section 12 (4), ante. (k) Original reference.—As to this, see section 39, ante. (‘) Provisional and final assessments.—As to these, see section 12 (4), ante. (m) Original claim for disablement benefit.—As to this, see sections 7 (1) (b), 12 and 39 (1), ante, and section 45, fost. Decisions of medical boards in connection with such claims are given under section 39 (1), ante. 41. Reference to single doctor of questions as to temporary disablement.—(1) Notwithstanding anything in the foregoing provisions of this Part of this Act (a), regulations (0) may provide that the disablement questions (c) may, with the consent of the claimant (d), be referred to a single medical practitioner (e) appointed by the Minister (/) instead of toa medical board (g) : Provided that the period to be taken into account by any assessment made by virtue of this section shall not exceed three months (hf). (2) Any decision on a reference made by virtue of this section shall have effect as if it were a decision of a medical board (7), and shall be subject to appeal and review, and may be referred for consideration to a medical appeal tribunal, accordingly (z). (3) Regulations (/) may make provision as to the procedure to be adopted where, on a reference under this section, the medical practitioner is of opinion that a final assessment can be made but that the period to be taken into account exceeds three months (m). General effect of section.—This ‘section gives a power of reference to a single medical practitioner instead of a medical board, with the claimant’s consent, of questions