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

United Kingdom

Date:: 1946

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

146/252 (page 136)

$NO. 35.—NATIONAL INSURANCE (INDUSTRIAL INJURIES) (4) Subject to the provisions of this Part of this Act as to appeal and review, any declaration under this section that an accident was or was not an industrial accident shall be conclusive for the purposes of any claim for benefit in respect of that accident, whether or not the claimant is the person at whose instance the declaration was made (AR). (5) For the purposes of this section, an accident whereby a person suffers personal injury shall be deemed (I), in relation to him, 0 DE an industrial accident 1f—— (a) it arises out of and in the course of we employment (m) ; (b) that employment is insurable employment (”) ; and (c) payment of benefit is not, under the provisions of Part IT of this Act, precluded because the accident happened while he was outside Great Britain (0) ; and references in the following provisions of this Act to an tdastrial accident shall be construed accordingly (f). NOTES General effect of section.—This section provides ee the making, in every case where it is determined that the relevant accident was or was not an “ industrial acci- dent ’’ as defined in subsection (5), of a declaration to that effect. A claimant has the right to have this question determined, apart from the fate of his claim for benefit on other grounds, and even if no claim for benefit is made. This right is, however, subject to the insurance officer, local appeal tribunal or Commissioner refusing to determine the question if satisfied that it is unlikely that it will be necessary to determine it for the purposes of any claim for benefit. The right of refusal, therefore, does much to cut down the right to a declaration, even though the refusal is subject to appeal. The declaration, when made, is conclusive with regard to that accident. The section gives amplified statutory form to the practice which grew up caiion the Workmen’s Compensation Acts, of making a “‘ declaration of liability ’’, formerly a ‘““suspensory award ’’, in cases where there had been injury arising out of and in the course of his employment, but where there was at the moment no incapacity, though a reasonable probability of it. See King v. P. Li: Az, {Y920) ACC... at p. 122.428 Baw Cee at p.. 265, per Lord BIRKENHEAD, L.C.; 34 Digest 434, 3548 : Cole v. United Dairies, Lid., [1941] 1 K.B. 100; [1940] 4 All E.R. 318 ; 33 'B.W.C.C. 332; and Allen Vv. Tinsley Park Collieries, Lid. (1944), 37 B.W.C,C, 28, per Lord GREENE, M. R., at p. 31, See, generally, Willis 335 e¢ seq. (a) Claim for benefit.—By section 88 (1) this includes an application for a declaration under this section. ‘‘ Benefit ’’ means benefit under this Act (zb7d.). (b) Relevant accident.—This, in relation to any benefit, means the accident in respect of which that benefit is claimed or payable (section 88 (1), post). (c) Industrial accident.—This is defined by subsection (5). ._ (d@) Express declaration.—This will be in writing and recorded under subsection (2). See also General Note, supra. (ec) Right to determination of question.—This is subject to the right of refusal given by subsection (3), ‘‘ Claimant’’ means a person claiming benefit and includes an applicant for a declaration under this section (section 88 (1), post). A claim may be disallowed, for example, under section 32 (2), ante. (f) Personal injury by accident.-—See sections 1 and 7, ante, and section 55 (relating to industrial diseases), post). (g) Right to a declaration.—This is also subject to the right of refusal given by subsection (3). This Part of this Act (Part III) relates to the determination of questions and claims and comprises sections 36-54. As to claim for benefit, see section 8 (1), post. There may be another claim made, which does not involve this question. (4) Insurance officer, local appeal tribunal or Commissioner.—<As to these, and their powers, see sections 42—48, ante, and 50 and 51, post. (c) Grounds for refusal.—A complete discretion is given, subject to appeal under sections 46 or 47, ante. Refusal would be justified, for example, in a case where it is clear on medical evidence that there is not and never will be any injury. (k) Declaration to be conclusive.—It will amount to a finding, binding on any person claiming benefit in respect of the accident, that the accident was or was not an “industrial. accident ’’ as defined in subsection (5). ‘‘ Claimant ”’ in this subsection means a person claiming benefit, whether or not he be the person at whose instance the declaration was made. The provisions of this Part of this Act, relating to appeal and review are sections 46 and 47, ante, sections 37 and 40, ante, and section 50, post. (7) Deemed.—See note (s) to section 7, ante. Me ee ee eo. See ee ee eee a ee en a eS ee$