A text-book of medical jurisprudence and toxicology / by John Glaister.

  • John Glaister
Date:
1910
Catalogue details

Licence: In copyright

Credit: A text-book of medical jurisprudence and toxicology / by John Glaister. Source: Wellcome Collection.

Provider: This material has been provided by The University of Glasgow Library. The original may be consulted at The University of Glasgow Library.

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    According to paragraph 4 of the First Schedule of the Act, where a workman has given notice of an accident, he shall, if required by the employer, submit himself for examination by a medical practitioner provided and paid by the employer, and if he refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation, or to take proceedings in relation thereto, shall be suspended until such examination has taken place; to paragraph 14, any workman receiving weekly payments shall, if so required by the employer, submit himself from time to time for examination by a medical practitioner provided and paid by the employer. If the work- man refuse or obstruct such examination, his right to his weekly pay- ments shall be suspended until such examination has taken place ; to paragraph 15, a workman shall not be required to submit himself for examination under paragraph 4 or 14, otherwise than in accordance with regulations made by the Secretary of State, or at more frequent intervals than may be prescribed by such regulations. When a work- man has so submitted himself for examination by a medical practitioner, or has been examined by a practitioner selected by himself, and the em- ployer or the workman, as the case may be, has within six days after such examination furnished the other with a copy of the report of that practitioner as to the workman's condition, then, in the event of no agree- ment being come to between the employer and the workman as to the workman's condition or fitness for employment, the registrar of a county court [in Scotland, the sheriff-clerk], on application being made to the court by both parties, may, on payment by the applicants of a prescribed fee not exceeding one pound, refer the matter to a medical referee. The medical referee in the case, in accordance with regulations made by the Secretary of State, shall give a certificate as to the condition of the workman and his fitness for employment, specifying, where necessary, the kind of employment for which he is fit, and that certificate shall be conclusive evidence as to the matters so certified. Where no agreement can be come to between the employer and the workman as to whether, or to what extent, the incapacity of the work- man is due to the accident, the provisions of this paragraph shall, subject to regulations made by the Secretary of State, apply as if the question were a question as to the condition of the workman. If a workman, on being required so to do, refuses to submit himself for examination by a medical referee to whom the matter has been referred as aforesaid, or in any way obstructs the same, his right to compensation and to take proceedings shall be suspended, until such examination has taken place. According to the Second Schedule, paragraph (5), a judge of county courts [in Scotland, the Sheriff or his Substitute] may, if he thinks fit, summon a medical referee to sit with him as an assessor, and he may submit to a medical referee for report on any matter which seems material to any question which arises in the arbitration (Schedule II. [15]). After July 1, 1907, employers are liable for compensation for all injuries which disable a workman for a week or longer, instead of a fortnight as in the Act of 1897. By the present Act, the indemnifiers of the employer—any insurance
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