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this section shall be of no force what- Mercury poisoning or its sequelaever unless and until it is confirmed by Any process involving the use of merParliament, and if, while the bill con- cury or its preparations or compounds. firming any such order is pending in Phosphorus poisoning or its sequelaeither House of Parliament, a petition is Any process involving the use of phospresented against the order, the bill may phorus or its preparations or compounds. be referred to a select committee, and Arsenic poisoning or its sequela-Any the petitioner shall be allowed to appear process involving the use of arsenie or and oppose as in the case of private its preparations or compounds. bills, and any act confirming any provi- Ankylostomiasis-Mining. sional order under this section may be Where regulations or special rules repealed, altered, or amended by a pro- made under any act of Parliament for visional order made and confirmed in the protection of persons employed in like manner.

(9) Any expenses incurred by the Sec- any industry against the risk of conretary of State in respect of any such tracting lead poisoning require some or order, provisional order, or confirming

all of the persons employed in certain bill shall be defrayed out of moneys pro- processes specified in the regulations or vided by Parliament.

special rules to be periodically examined (10) Nothing in this section shall af- by a certifying or other surgeon, then, fect the rights of a workman to recover in the application of this schedule to that compensation in respect of a disease to industry, the expression "process" shall, which this section does not apply, if the unless the Secretary of State otherwise disease is a personal injury by accident directs, include only the processes so within the meaning of this act.

specified. [This section is new, and enlarges materially the scope of the act.]

b. In general. 2. Text of third schedule.

Apart from ø 8, the act has no opera

tion except where there is an accident,5 The third schedule, mentioned in 8 and this section does not have a retroof the act, is given below.

active effect,60 and cannot apply to seaDESCRIPTION OF DISEASE AND PROCESS. men contracting industrial diseases while

Anthrax-Handling of wool, hair, bris- at sea. 61 tles, hides, and skins.

There can be no recovery under 8 Lead poisoning or its sequelæ- Any unless it is established that the employprocess involving the use of lead or its ment caused the disease,62 and that the preparations or compounds.

disease caused the workman's death or 59 If there has been no accident, the prove that the deceased employee had been workman's right to compensation, if any, employed in a lead process within twelve must be based on § 8 of the act. Chuter months, and that he died of lead poison. v. Ford [1915] 2 K. B. (Eng.) 113, 84 L. J. ing; it must be shown that the disease was K. B. N. S. 703, [1915] W. C. & Ins. Rep. caused by the employment. Dean v. Rubian 104, [1915] W. N. 53, 31 Times L. R. 187, Art Pottery Co. [1914] 2 K. B. (Eng.) 8 B. W. C. C. 160.

213, 83 L. J. K. B. N. S. 799, 110 L, T. N. 60 In Greenhill v. The Daily Record (1909. S. 594, 30 Times L. R. 283, 58 Sol. Jo. 302, Ct. of Sess.) 46 Scot. L. R. 483, the court [1914] W. N. 45, [1914] W. C. & Ins. Rep. refused to entertain a claim made by the 147, 7 B. W. C. C. 209. widow of a workman who had left his em- Compensation cannot be allowed where ployment before the date when the act there is no evidence that the workman's came into force, and had died after it took tendency to an industrial disease was due effect, from an "industrial disease" to which to a previous attack of the disease while it was applicable.

in the employment of the master, as op61 Curtis v. Black (1909] 2 K. B. (Eng.) posed to a physical susceptibility to the 529, 78 L. J. K. B. X. S. 1022, 100 L. T. disease. Jones v. New Brynmally Colliery N. S. 977, 25 Times L. R. 621, 53 Sol. Jo. Co. [1912] W. C. Rep. (Eng.) 283, 5 B. 576. Cozens-Hardy, M. R., observed that W. C. C. 375, 106 L. T. N. S. 524. a workman who had contracted an in- Where a medical referee has certified dustrial disease, lead poisoning in this case, that a miner was suffering from nystagmus, in order to make a claim, must procure a but that it was not due to mining, the certificate from the certifying surgeon ap- sheriff substitute must allow the matter pointed under the factory and workshop to go on so that the workman may show act "for the district in which he is em: if he can that the disease of nystagmus, ployed;" there can be no such surgeon from which he is certified to be suffering, where

contracted at really arose from his employment, and


did not arise from other causes. M'Ginn 62 It is not enough for the applicant to v. ('dston Coal Co. [1912] S. C. 668, 49


: 65 and

disability; 63 and the workman has the on the ground that eight months after burden of proof of showing that the lia- he left the employment he was disabled bility to a recurrence of the disease is by nystagmus.69 So, where a workman due to the accident, and not to a con- had worked for a few days in an emstitutional predisposition to the partic-ployment involving the use of lead, and ular disease.64

after leaving the employment caught The certificate of a certifying surgeon cold and died of pneumonia about a that a workman is suffering from an in- month after he had left the employment, dustrial disease does not require to be the employment was not "at or immeobtained before the initiation of proceed- diately before," the death, within the ings, but may be obtained and produced meaning of ý 8 subsec. 2.70 in the course of the proceedings; the date at which the certifying surgeon

d. Presumption as to cause of disease. finds the workman to have been disabled The presumption referred to in g 8, may be subsequent to the time of the subsec. 2, is that the disablement was due termination of the workman's employ- to the nature of the scheduled employment with the employers. 66

ment irrespective of the date or place In the absence of a contract of employ- at which the disease was contracted.71 ment there can be no liability for con- A workman engaged as a surface latribution under 8; 67 but a workman borer at a colliery is not entitled to a is not necessarily barred from compensa- statutory presumption that the disease tion because he falsely stated in his ap- of nystagmus, from which he is sufferplication for employment that he had not ing, was due to the nature of the employused white lead when employed by other ment.72 persons, where it appeared that the employer was not prejudiced thereby in se

e. Contribution by other employers. curing contribution from the other em

Compensation for an industrial disease ployers.68

is recoverable in the first instance from c. Meaning of phrase "at or immedi- the employer who had last employed the ately before."

workman during the period, however

short that period of employment may The phrase "immediately before" as have been.78 In seeking contribution used in ý 8, subsec. 2, refers to a se- from prior employers, there is no obligaquence of time, not to a sequence of em- tion on the part of the employers to ployment. Consequently, a miner who prove that the disease was contracted leaves the employment of the mine own- while the claimant was in the service er for a reason not connected with the of the previous employers.74 disease cannot procure compensation up-! Under ý 8, subsec. 1 (c)(iii), the arScot. L. R. 531, [1912] W. C. Rep. 134, 5 71 Glancy v. Watson (1915) 52 Scot. L. B. W. C. C. 559.

R. 279, [1915] W. C. & Ins. Rep. 40, 8 63 Haylett v. Vigor (1908] 2 K. B. (Eng.) B. W. C. C. 391. 837, 77 L. J. K. B. N. S. 1132, 24 Times 72 Scullion v. Cadzow Coal Co. [1914] L. R. 885, 72 Sol. Jo. 741, 99 L. T. N. S. S. C. 36, [1913] 2 Scot. L. T. 271, 51 Scot. 74.

L. R. 39, [1914] W. C. & Ins. Rep. 129, 7 64 Darroll v. Glasgow Iron & Steel Co. B. W. C. C. 833. The basis of this de[1913] S. C. 387, 50 Scot. L. R. 226, [1913] cision was that the expression “the process W. C. & Ins. Rep. 80, 6 B. W. C. C. 354. of mining” was not equivalent to the ex

65 Taylor v. Burnham [1909] S. C. 704, pression "employment on, in, or about a 46 Scot. L. R. 482.

mine," and that if the legislature had in66 Russell v. Keary (1915) 52 Scot. L. R. tended that the statutory presumption 447, 8 B. W. C. C. 410.

should apply in the case of surface 67 Pears v. Gibbons [1913] W. C. & Ins.! worker, the latter phrase would have been Rep. (Eng.) 469, 6 B. W. C. C. 722.

used in the statute. 68 Taylor v. Burnham [1910) S. C. 705, 73 Merry v. M'Gowan (1914) 52 Scot. L. 47 Scot. L. R. 643, 3 B. W. C. C. 569. R. 30, 8 B. W. C. C. 344. In this case, the

69 M'Taggart v. Barr (1914) 52 Scot. L. miner had been in the last employment but R. 125, 8 B. W. C. C. 376.

two days. 70 An employment which terminated on 74 Where, upon an application for comApril 19th cannot be said to have been pensation by an employee who was sufferemployment "at or immediately before" ing from mercurial poisoning, the employers May 15th. Dean v. Rubian Art Pottery disputed their liability on the ground that Co. [1914] 2 K. B. (Eng.) 213, 83 L. J. the disease was not contracted in their K. B. N. S. 799, 110 L. T. N. S. 594, 30 | service, and served third-party notices on Times L. R. 283, 58 Sol. Jo. 302, [1914] other employers, claiming contribution from W. N. 45, (1914] W. C. & Ins. Rep. 147, 7 them in respect of compensation on the B. W. C. C. 209.

ground that the disease was of such a



bitrator must determine what, under all respondent, there being no suspensory the facts of the case, is a fair and prop- agreement, and no suspensory award. er contribution for the former employers to make to the compensation which . Functions of certifying surgeons and

medical referees. the last employer had to pay, and he is not to limit himself to merely calculating The sole function of the certifying the number of days during which the surgeon, and of the medical referee on

was in the respective employ- appeal, is to determine whether the workments,75 unless there is no special cir- man is suffering from a scheduled discumstance to show that the disease had ease, and is thereby disabled from earnin reality been greatly accelerated by the ing full wages in his employment, and, conduct of some particular employer.76 subject to the provisions of ý 8, subsec.

A builder's laborer who had contracted 4, to fix the date on which disablement eczematous ulceration from contact with commenced.78 A certificate by the medicement and lime while in the employ- cal referee allowing an appeal by the ment of the respondent, and who was workman from the refusal of the certivoluntarily paid compensation for the fying surgeon to give the workman a time he was disabled, cannot, over a year certificate of disablement in respect of thereafter, when he is in the employment a disease falling within the statute, and of other employers and the disease re-l fixing the date of the disablement, is appears, recover compensation from the conclusive.79 But the county court nature as to be contracted by gradual question was intended to obviate the necesprocess, and that the workman had been sity of making such inquiries in the case employed by the other employers within of a disease acquired gradually. The court twelve months of his disablement, the de- of appeal, however, took the contrary view. fendant employers need not allege that the 76 Lees v. Waring (1909 C. C.) 127 L. T. disease had been actually contracted at Jo. (Eng.) 498, 2 B. W. C. C. 474. any particular date, or prove that it was 77 Timpson v. Mowlem (1915) 112 L. T. contracted while the claimant was in the N. S. (Eng.) 885, 8 B. W. C. C. 178. The service of the previous employers. Mal- court pointed out that the workman should linder v. Moores (1912] 2 K. B. (Eng.) have proceeded against his last employers, 124, 81 L. J. K. B. N. S. 714, 106 L. T. N. and that they had power to call in the S. 487, [1912] W. C. Rep. 257, [1912] W. respondent and make out, if they could, N. 97, 5 B. W. C. C. 362. The ground of that the industrial disease was really conthis decision was that the county court : tracted when the workman was in the judge had misdirected himself in that he respondent's employ, and not while in the considered the case to fall within $ 8 (1) employment of the last employers. (c) (ii), which applies where the employer 78 The sheriff as arbitrator should refuse claims that the disease was wholly con- to accept the report of a medical referee tracted in another employment. The disease, to whom the matter was referred under mercurial poisoning, was within the pro- ! $ 8 (1) (f), where the latter, subject to a visions of $ 8 (1) (c) (iii), and the em- note appended, dismissed the appeal. Winployment with the third person had been ters v. Addie & Sons' Collieries (1911) S within the twelve months.

C. 1174, 48 Scot. L. R. 940. 75 In Barron v. Seaton Burn Coal Co. A medical referee to whom a

case is [1915] 1 K. B. (Eng.) 756, 112 L. T. N. S. referred under $ 8 (1) (f) of the act has 897, 31 Times L. R. 199, 84 L. J. K. B. N. S. no power to dismiss an appeal by the 682, [1915] W. C. & Ins. Rep. 132, (1915] employers from an award, with the restricW. N. 70, 59 Sol. Jo. 315, 8 B. W. C. C. 218, tion that the applicant “is now able to the court of appeal allowed an appeal from resume his ordinary work." Garrett an award of the county court judge in the Waddell [1911] S. C. 1168, 48 Scot. L. R. case of a miner who was suffering from 937. nystagmus, and who, during the twelve Where a certifying surgeon had given a months preceding the award, had worked certificate that a workman was suffering for five different employers engaged in from an industrial disease, but in the cermining The county court judge ordered tificate fixed the commencement of the diseach of the five employers to contribute ablement at the time of the examination, in proportion to the period during which which, under the circumstances of the case, the man

was employed with them. One prevented the workman from taking proof the employers claimed that the working ceedings for compensation under the act, arrangements at his colliery were so good the workman is aggrieved under $ 8 subsec. and so far superior to those of the other 1 (iii) (f), and has a right of appeal to collieries that it was not right that the the medical referee. Birks v. Stafford Coal other employers should bear simply a & I. Co. [1913] 3 K. B. (Eng.) 686, 109 L. ratable proportion of the total sum, having T. N. S. 290, 82 L. J. K. B. N. S. 1334, regard only to the number of days or weeks [1913] W. N. 238, 57 Sol. Jo. 729, 6 B. in which the man was employed at their W. C. C. 617. colliery. The county court judge, however, 79 Chuter v. Ford [1915] 2 K. B. (Eng.) was of the opinion that the provision in 113, 84 L. J. K. B. N. S. 703, [1915] W. C.

judge is entitled to ignore a certificate erees under this act shall, subject to regof a certifying surgeon to the effect that ulations made by the Treasury, be paid a bookbinder was suffering from lead out of moneys provided by Parliament. poisoning, but that there were none of Where a medical referee has been emthe usual symptoms, and that the disease ployed as a medical practitioner in concould only be inferred from the man's nection with any case by or on behalf history of the case. 80 A medical referee i of an employer or workman, or by any should not sit with the county court insurers interested, he shall not act as judge as assessor upon an issue upon medical referee in that case. which he had already given his opinion (2) The remuneration of an arbitrator as medical referee.81

appointed by a judge of county courts X1. Application to workmen under the shall be paid out of moneys provided by

under the second schedule to this act Crown (§ 9).

Parliament in accordance with regulaa. Text of $ 9.

tions made by the Treasury (new.] Section 9 (1) This act shall not apply XIII. Detention of ships whose owners to persons in the naval or military serv are liable for compensation ($ 11). ice of the Crown, but otherwise shall

a. Text of $ 11. apply to workmen employed by or under the Crown to whom this act would apply Section 11 (1) If it is alleged that the if the employer were a private person: owners of any ship are liable as such

Provided, that in the case of a person owners to pay compensation under this employed in the private service of the act, and at any time that ship is found Crown, the head of that department of in any port or river of England or Irethe Royal Household in which he was land, or within 3 miles of the coast thereemployed at the time of the accident of, a judge of any court of record in Engshall be deemed to be his employer. land or Ireland may, upon its being

(2) Th Treasury may, by warrant shown to him, by any person applying laid before Parliament, modify for the in accordance with the rules of the court, purposes of this act their warrant made that the owners are probably liable as under \ 1 of the superannuation act 1887, such to pay such compensation, and that and, notwithstanding anything in that none of the owners reside in the United act, or any such warrant, may frame Kingdom, issue an order directed to any schemes with a view to their being certi- officer of customs or other officer named fied by the registrar of friendly societies by the judge, requiring him to detain under this act.

the ship until such time as the own[This section is the same as Ø 8 of the ers, agent, master, or consignee thereoriginal act, except that the proviso in of have paid such compensation, or have subsec. 1 is new.]

given security, to be approved by the XII. Appointment and remuneration of

judge, to abide the event of any proceedarbitrators and medical referees (8

ings they may be instituted to recover

such compensation, and to pay such com10).

pensation and costs as may be awarded a. Text of $ 10.

thereon; and any officer of customs or Section 10 (1) The Secretary of State other officer to whom the order is directmay appoint such legally qualified medi- ed shall detain the ship accordingly. cal practitioners to be medical referees (2) In any legal proceeding to recover for the purpose of this act as he may, such compensation, the person giving sewith the sanction of the Treasury, de- curity shall be made defendant, and the termine, and the remuneration of, and production of the order of the judge, other expenses incurred by, medical ref- made in relation to the security, shall be & Ins. Rep. 104, [1915] W. N. 53, 31 conclusive evidence of the liability of the Times L. R. 187, 8 B. W. C. C. 160. It

defendant to the proceeding. was further held that the certificate of the (3) Section 692 of the merchant shipmedical referee was not irregular and in- ping act 1894 shall apply to the detention valid by reason of the omission of the of a ship under this act as it applies to statement that the workman was disabled the detention of a ship under that act by the disease from earning full wages at and, if the owner of a ship is a corpothe work at which he was employed. 80 Mapp v. Straker (1914) W: C. & Ins. section be deemed to reside in the United

ration, it shall for the purposes of this Rep. (Eng.) 98, 7 B. 7. C. C. 18

81 Wallis v. Soutter (1915] W. N. (Eng.; Kingdom if it has an office in the United 68, 59 Sol. Jo. 285, [1915] 'N. C. & Ins. Kingdom at which service of writs can Rep. 113, 8 B. W. C. C. 130.

be effected [new].

b. Proceedings under this section. son who has entered into or works under An appeal from an order of the county with an employer, whether by way of

a contract of service or apprenticeship court judge detaining a vessel under j

manual labor, clerical work, or otherwise, 11 lies to the provisional court, and not

and whether the contract is expressed to the court of appeal.82

or implied, is oral or in writing; XIV. Reports of injuries ($ 12). Any reference to a workman who has a. Text of $ 12.

been injured shall, where the workman

is dead, include a reference to his legal Section 12 (1) Every employer in any personal representative or to his deindustry to which the Secretary of State pendents or other person to whom or for may direct that this action shall apply whose benefit compensation is payable; shall, on or before such day in every “Dependents” means such of the memyear as the Secretary of State may di-bers of the workman's family as were rect, send to the Secretary of State a wholly or in part dependent upon the correct return specifying the number of earnings of the workman at the time of injuries in respect of which compen- his death, or would but for the incapacisation has been paid by him under this ty due to the accident have been so act during the previous year, and the dependent, and where the workman, beamount of such compensation, together ing the parent or grandparent of an ilwith such other particulars as to the legitimate child, leaves such a child so compensation as the Secretary of State dependent upon his earnings, or, being may direct, and in default of complying an illegitimate child, leaves a parent with this section shall be liable, on con or grandparent so dependent upon his viction under the summary jurisdiction earnings, shall include such an illegitiacts, to a fine not exceeding £5. mate child and parent or grandparent

(2) Any regulations made by the Sec- respectively; retary of State containing such direc "Member of a family” means wife or tions as aforesaid shall be laid before husband, father, mother, grandfather, both Houses of Parliament as soon as grandmother, stepfather, stepmother, may be after they are made [new]. son, daughter, grandson, granddaughter, XV. Definition clauses (8 13). stepson, stepdaughter, brother, sister,

half-brother, half-sister; a. Text of $ 13.

"Ship," "vessel," "seaman," and "port" Section 13. In this act, unless the con- have the same meanings as in the mertext otherwise requires,

chant shipping act 1894; “Employer" includes any body of per

“Manager," in relation to a ship, sons, corporate or unincorporate, and means the ship's husband or other perthe legal personal representative of a de- son to whom the management of the ship ceased employer, and where the serv

is intrusted by or on behalf of the ices of a workman are temporarily lent owner; or let on hire to another person by the

“Police force” means a police force to person with whom the workman has en- which the police act 1890, or the police tered into a contract of service or ap- (Scotland) act 1890, applies, the City of prenticeship, the latter shall, for the pur- London Police Force, the Royal Irish poses of this act, be deemed to continue Constabulary, and the Dublin Metropolto be the employer of the workman itan Police Force; whilst he is working for that other per

"Outworker” means a person to whom son;

articles or materials are given out to “Workman” does not include any per

be made

up, cleaned, washed, altered, orson employed otherwise than by way of namented, finished, or repaired, or adaptmanual labor whose remuneration ex

ed for sale, in his own home or on other ceeds £250 a year, or a person whose premises not under the control or manemployment is of a casual nature, and agement of the person who gave out the who is employed otherwise than for the

materials or articles;

The exercise and performance of the purposes of the employer's trade or business, or a member of a police force, or powers and duties of a local or other an outworker, or a member of the em- of this act, be treated as the trade or

public authority shall, for the purpose ployer's family dwelling in his house, business of the authority; but, save as aforesaid, means any per

“County court," "judge of the county 82 Panagotis v. The Pontiac [1912] 1 K. court,” “registrar of the county court," B. (Eng.) 74 [1911] W. N. 221, 28 Times "plaintiff," and "rules of court," as reL. R. 63, 56 Sol. Jo. 71.

spects Scotland, mean respectively sher

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