(f) If an employer or a workman is aggrieved by the action of a certifying or other surgeon in giving or refusing to give a certificate of disablement or in suspending or refusing to suspend a workman for the purposes of this section, the matter shall in accordance with regulations made by the Secretary of State be referred to a medical referee, whose decision shall be final.

(2) If the workman at or immediately before the date of the disablement or suspension was employed in any process mentioned in the second column of the Third Schedule to this Act, and the disease contracted is the disease in the first column of that Schedule set opposite the description of the process, the disease, except where the certifying surgeon certifies that in his opinion the disease was not due to the nature of the employment, shall be deemed to have been due to the nature of that employment, unless the employer proves the contrary.

(3) The Secretary of State may make rules regulating the duties and fees of certifying and other surgeons (including dentists) under this section.

(4) For the purposes of this section the date of disablement shall be such date as the certifying surgeon certifies as the date on which the disablement commenced, or, if he is unable to certify such a date, the date on which the certificate is given: Provided that

(a) Where the medical referee allows an appeal against a refusal by a certifying surgeon to give a certificate of disablement, the date of disablement shall be such date as the medical referee may determine :

(b) Where a workman dies without having obtained a certificate of disablement, or is at the time of death

not in receipt of a weekly payment on account of disablement, it shall be the date of death.

(5) In such cases, and subject to such conditions as the Secretary of State may direct, a medical practitioner appointed by the Secretary of State for the purpose shall have the powers and duties of a certifying surgeon under this section, and this section shall be construed accordingly.

(6) The Secretary of State may make orders for extending the provisions of this section to other diseases and other processes, and to injuries due to the nature of any employment specified in the order not being injuries by accident, either without modification or subject to such modifications as may be contained in the order.

(7) Where, after inquiry held on the application of any employers or workmen engaged in any industry to which this section applies, it appears that a mutual trade insurance company or society for insuring against the risks under this section has been established for the industry, and that a majority of the employers engaged in that industry are insured against such risks in the company or society and that the company or society consents, the Secretary of State may, by Provisional Order, require all employers in that industry to insure in the company or society upon such terms and under such conditions and subject to such exceptions as may be set forth in the Order. Where such a company or society has been established, but is confined to employers in any particular locality or of any particular class, the Secretary of State may for the purposes of this provision treat the industry, as carried on by employers in that locality or of that class, as a separate industry.

(8) A Provisional Order made under this section shall be of no force whatever unless and until it is confirmed by Parliament, and if, while the Bill confirming any such Order

is pending in either House of Parliament, a petition is presented against the Order, the Bill may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose as in the case of Private Bills, and any Act confirming any Provisional Order under this section may be repealed, altered, or amended by a Provisional Order made and confirmed in like manner.

(9) Any expenses incurred by the Secretary of State in. respect of any such Order, Provisional Order, or confirming Bill shall be defrayed out of moneys provided by Parliament.

(10) Nothing in this section shall affect the rights of a workman to recover compensation in respect of a disease to which this section does not apply, if the disease is a personal injury by accident within the meaning of this Act.

APPLICATION OF ACT TO INDUSTRIAL DISEASES.

Diseases to which the Section Applies. The original list of diseases to which the section applies will be found in the Third Schedule to the Act (see p. 204, post); but the Secretary of State has power by Order to extend this list (s. 8 (6)), and this has been done (see pp. 204, 205, post).

It must be remembered that any disease which can be shown to be the result of an accident arising out of and in the course of the employment, is a personal injury within the meaning of s. 1 of the Act and right to compensation for such is expressly preserved by s. 8 (10).

Conditions under which Compensation becomes Payable.The right to compensation arises to the deceased workman (or his representatives) when

(a) he is certified to be suffering from, and to be disabled from earning full wages by, such disease;

(b) he is suspended from employment owing to such disease; (c) he dies from such disease;

Provided the disease is due to the nature of any employment in which he was employed at any time within the twelve months previous to the date of disablement or suspension (s. 8 (1)).

Under these circumstances the disease is regarded as a personal injury by accident arising out of and in the course of his employment. Where a certificate of disablement or a certificate of or relating to suspension has been given, a copy thereof must on demand be furnished to the employer (W. C. R. 39 (2)).

It has been held in Scotland that the condition of obtaining a certificate is satisfied if the certificate is obtained during the arbitration proceedings (Taylor v. Burnham & Co. (No. 1) (1908), 46 S. L. R 482; 2 B. W. C. C. 247).

Seaman not Entitled.-As the condition relating to obtaining the necessary certificate cannot be fulfilled by a seaman who contracts an industrial disease at sea, he cannot recover compensation under this section (Curtis v. Black & Co. [1909], 2 K. B. 529; 2 B. W. C. C. 239).

Appeal from Decision of Certifying Surgeon. If an employer or workman is aggrieved by the action of a certifying or other surgeon in giving or refusing a certificate of disablement, or in suspending or refusing to suspend a workman, the matter is to be referred, in accordance with regulations made by the Secretary of State, to a medical referee, whose decision is final (s. 8 (1) (f)).

It has been held in Scotland that on such an appeal the medical referee has no power to restrict his decision by a finding that the workman has since become capable of doing his work, or any similar restriction, and that such a restriction does not prevent the workman from making a request for arbitration (Garrett v. Waddell & Son (1911), 48 S. L. R. 937; 5 B. W. C. C. 507; Winters v. Addie & Sons' Collieries (1911), 48 S. L. R. 940; 5 B. W. C. C. 511; see also M'Ginn v. Udston Coal Co. (1912), 49 S. L. R. 531; 5 B. W. C. C. 559, and see p. 108, post).

For provisions as to the powers of the Secretary of State in respect of certifying and other surgeons and dentists, see sub-ss. (3), (5).

W. C. R. 82 relates to references to medical referees (see p. 253, post).

For the regulations made by the Secretary of State and the Treasury as to the duties and fees of certifying and other surgeons, see Appendix D., p. 333, post.

Date when Right to Compensation Accrues.-The disablement or suspension is treated as the happening of the accident (s. 8 (1) (a)). The date of disablement is (s. 8 (4)):

(a) that fixed by the certifying surgeon;

(b) if he cannot fix it, the date of the certificate;

(c) if the medical referee allows an appeal from a refusal to grant a certificate, the date fixed by him; or,

(d) in case of death without a previous certificate of disablement, or when the workman is not in receipt of weekly payments, the date of the death.

From which Employer Compensation is Recoverable.Prima facie from the employer who last employed the workman during the twelve months previous to the disablement or suspension, in the employment to the nature of which the disease is due (s. 8 (1) (c)).

If at or immediately before the date of disablement or suspension the workman was employed in a process named in the second column of the

Third Schedule (see pp. 204, 205, post, for the Schedule and its extensions), and the disease contracted is the disease in the first column of that Schedule set opposite the description of the process, the disease is to be deemed to have been due to the nature of that employment, unless : (a) the certifying surgeon certifies his opinion to the contrary; or (b) the employer proves the contrary (s. 8 (2)).

Therefore, if the workman obtains from the certifying surgeon an unqualified certificate that he is suffering from a disease mentioned in the first column of the Schedule, and was at or immediately before the date of disablement or suspension engaged in the process mentioned in the second column, there is a presumption that the disease was due to the employment in that process. No more is required of the workman, but the employer may rebut the presumption. If, however, the certificate states the opinion of the certifying surgeon to be that the disease is not due to the employment, the presumption goes, and the workman must prove affirmatively that it is so due. Should there be an appeal to the medical referee from an unqualified certificate and the medical referee certifies that the workman (e.g., a collier) is suffering from the certified and scheduled disease (e.g., nystagmus), but that in his opinion it is not a form of disease due to the employment (e.g., is not miner's nystagmus but some other kind), such certificate is not final within s. 8 (1) (ƒ), on this latter point, and the workman is entitled to prove if he can that the disease is due to the employment stated opposite to it in the second column of the Schedule (M'Ginn v. Udston Coal Co. (1912), 49 S. L. R. 531; 5 B. W. C. C. 559).

Sub-section 2 does not relieve the applicant of the burden of proving that the death or incapacity is the proximate or ultimate result of the industrial disease. It is only when he has done so that the sub-section raises the presumption in his favour. Thus, the death of a painter was the immediate result of granular kidney, which condition is a sequela of lead-poisoning and also of other complaints. The applicant did not prove that lead poisoning was the cause of death, but on the other hand the employers did not prove the contrary. It was held that the applicant had not discharged the onus of proof (Haylett v. Vigor & Co., [1908] 2 K. B. 837; 1 B. W. C. C. 282).

The workman or his dependants must, on request, supply such information, as he or they may possess, of the names and addresses of all other employers who employed him in the employment during that period, and, failing the supply of information adequate for the purpose of proceeding as described in the next paragraph, the employer is exonerated if he prove that the disease was not contracted whilst the workman was in his employment.

Where the particulars gave wilfully false names and addresses, it was held that this did not bar the workman's claim when the employers had not in fact been prejudiced (Taylor v. Burnham & Co. (No. 2), [1910] S. C. 705; 3 B. W. C. C. 569).

Shifting the Burden of Liability. The employer, if he alleges that the disease was not contracted in his employment but in the employment of another, may join that other as a party to the