under this Act, be paid on the receipt of the person to whom it is payable under any agreement or award, and the solicitor or agent of a person claiming compensation under this Act shall not be entitled to recover from him any costs in respect of any proceedings in an arbitration under this Act, or to claim a lien in respect of such costs on, or deduct such costs from, the sum awarded or agreed as compensation, except such sum as may be awarded by the committee, the arbitrator, or the judge of the county court, on an application made either by the person claiming compensation, or by his solicitor or agent, to determine the amount of costs to be paid to the solicitor or agent, such sum to be awarded subject to taxation and to the scale of costs prescribed by rules of court. (15) Any committee, arbitrator, or judge may, subject to regulations made by the Secretary of State and the Treasury, submit to a medical referee for report any matter which seems material to any question arising in the arbitration. (16) The Secretary of State may, by order, either unconditionally or subject to such conditions or modifications as he may think fit, confer on any committee representative of an employer and his workmen, as respects any matter in which the committee act as arbitrators, or which is settled by agreement submitted to and approved by the committee, all or any of the powers conferred by this Act exclusively on county courts or judges of county courts, and may by the order provide how and to whom the compensation money is to be paid in cases where, but for the order, the money would be required to be paid into court, and the order may exclude from the operation of provisoes (d) and (e) of paragraph (9) of this Schedule agreements submitted to and approved by the committee, and may contain such incidental, consequential, or supplemental provisions as may appear to the Secretary of State to be necessary or proper for the purposes of the order. (17) In the application of this Schedule to Scotland (a) "County court judgment as used in paragraph (9) of this Schedule means a recorded decree arbitral: (b) Any application to the sheriff as arbitrator shall be heard, tried, and determined summarily in the manner provided by section fifty-two of the Sheriff Courts (Scotland) Act, 1876, save only that parties may be represented by any person authorised in writing to appear for them and subject to the declaration that it shall be competent to either party within the time and in accordance with the conditions prescribed by act of sederunt to require the sheriff to state a case on any question of law determined by him, and his decision thereon in such case may be submitted to either division of the Court of Session, who may hear and determine the same and remit to the sheriff with instruction as to the judgment to be pronounced, and an appeal shall lie from either of such divisions to the House of Lords: (c) Paragraphs (3), (4), and (8) shall not apply. (18) In the application of this Schedule to Ireland the expression "judge of the county court" shall include the recorder of any city or town, and an appeal shall lie from the Court of Appeal to the House of Lords. W.C.A. 2 B Mercury poisoning or its sequelæ Any process involving the use of mercury or its preparations or compounds. Phosphorus poisoning or its Any process involving the use of phos sequelæ Arsenic poisoning or its sequelæ Ankylostomiasis phorus or its preparations or com pounds. Any process involving the use of arsenic or its preparations or compounds. Mining. Where regulations or special rules made under any Act of Parliament for the protection of persons employed in any industry against the risk of contracting lead poisoning require some or all of the persons employed in certain processes specified in the regulations or special rules to be periodically examined by a certifying or other surgeon, then, in the application of this schedule to that industry, the expression process" shall, unless the Secretary of State otherwise directs, include only the processes so specified. 66 INDEX. A. ABILITY TO DO LIGHT WORK. See WORK. " ABLE TO EARN IN SOME SUITABLE EMPLOYMENT OR ABSENCE FROM UNITED KINGDOM, as excuse, for failure to make claim, 62, 69. ACCEPTANCE. payment of arrears on death of workman, 243. See ARBITRATION; CERTIFIED SCHEME; COMPEN- arising out of and in the course of the employment. See EMPLOYMENT. "by accident," 4. cause of- act of God, 23. of stranger, 24. anæsthetic for operation, 4. angrily snatching tool, 22. animal, attack by, 4. trespassing, 25. anthrax, 7. assaults, 5, 6, 24, 25. bicycle collision in street, 26. bursting of bottle while drinking, 27. catching cold, 5. contracting chill in cold water, 5. while driving, 5, 24. drinking water, when overheated, 5. drying hair by fire, 22, 30. ACCIDENT-continued. cause of-continued. wearing tight or hard boots, no accident, 5. what is the " cause," 41. question of fact, 41. when workman already diseased, 8. definition of accident, 3. effects of wider, 3. Lord M'Laren's, 3, 4. happening beyond employer's premises, 25. during meal-times, 15, 27. outside United Kingdom, 2. illustrations, 4. murder as, 5, 6, 25. must arise out of and in course of employment, 9. notice of, "as soon as practicable," 64. condition precedent to proceedings, 61. contents of, 63. copy of, to be annexed to particulars, or reason for omission given, 212. 66 does not amount to a claim," 63, 67. want of or defective, 61, 64-67. must be explained in particulars, 212. what amounts to, 63. whether, under Employers' Liability Act, 1880, good under 'personal injury by," 3. question of law and fact, 3. second accident contributed to by former, 41, 154. to be judged from workman's standpoint, 6. unexpected results may be, 4. whilst going to or returning from work, 11. ACT OF GOD. See ACCIDENT. |