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question of law. Section 13 provides has been so modified as to conform, with that any reference to a workman shall, the provisions of this act as to schemes. if the workman be dead, include a refer- (4) If any such scheme has not been ence to his personal representative or to so recertified before the expiration of his dependents. Under these provi- six months from the commencement of sions a question has arisen whether the this act, the certificate thereof shall be father of a deceased workman was en- revoked. titled to have his action remanded to [Section 15 is an elaboration of g 9 of the court of session for a jury trial. | the earlier act, the additions being sufThe House of Lords did not directly de- ficiently indicated in the text itself.] cide the question,68 but the court of ses- !

b. Effect of this section. sion, in a subsequent decision, took the position that the father did not have A scheme of compensation under ý 3 such right.69

of the act of 1897 does not, unless re

certified under ý 15 of the act of 1906, XVII. Termination of contracts reliev

ing employers from liability ; recerti- apply to an accident happening after the fication of schemes ($ 15).

act came in operation, but within the

six months mentioned in ý 15, subs. 4.70 a. Text of $ 15.

A workman, who entered on his emthan a contract substituting the provi- der that act by having agreed to acSection 15 (1) Any contract (other ployment after July 1st, 1907, is not

barred from obtaining compensation unsions of a scheme certified under the workmen's compensation act 1897 for the cept the provisions of the scheme cerprovisions of that act) existing at the tified under the act of 1897, but which commencement of this act, whereby a

had not been recertified under the act workman relinquishes any right to com- tered into. 71

of 1906 before the employment was enpensation from the employer for personal injury arising out of and in the ing schemes under the act of 1906 “from

The six months allowed for recertifycourse of his employment, shall not, the commencement of this act" run from for the purposes of this act, be deemed to continue after the time at which the July 1, 1907, the date when the act took

effect.72 workman's contract of service would determine if notice of the determination workmen shall be taken before the reg

It is not necessary that a ballot of the thereof were given at the commencement istrar can recertify his scheme under of this act.

(2) Every scheme under the workmen's compensation act 1897, in force XVIII. Repealing clause ($ 16). at the commencement of this act, shall,

a. Text of $ 16. if recertified by the registrar of friendly societies, have effect as if it were Section 16 (1) This act shall come scheme under this act.

into operation on the 1st day of July, (3) The registrar shall recertify any 1907, but, except so far as it relates to such scheme if it is proved to his sat- references to medical referees, and proisfaction that the scheme conforms, or I ceedings consequential thereon, shall not

68 Where a father whose son had met of sessions otherwise than by appeal on a his death by accident sought damages either question of law. Cook v. Bonnybridge Silat common law or alternatively under the ica & Fireclay Co. (1914) 51 Scot. L. R. employers' liability act of 1880, from the 529, 7 B. W. C. C. 907. employers of the son, the father is entitled 70 Moss v. Great Eastern R. Co. [1909] to have the cause remitted for trial by 2 K. B. (Eng.) 274, 78 L. J. K. B. N. S. jury to the court of session; for if such 1048, 100 L. T. N. S. 747, 25 Times L. R. right was taken away by § 13 and 14 466. of the workmen's compensation act, it was 71 Wallace V. Hawthorne [1908] S. C. restored by the sheriff court act of 1907, 713, 45 Scot. L. R. 547. § 30. Banknock Coal Co. v. Lawrie [1912] 72 Morter v. Great Eastern R. Co. (1908; A. C. (Eng.) 105, 81 L. J. P. C. N. S. 89, C. C.) 126 L. T. Jo. (Eng.) 171, 2 B, W. 106 L. T. N. S. 283, [1912] W. C. Rep. 1, C. C. 480. 5 B. W. C. C. 209, 28 Times L. R. 136, 73 Godwin v. Lord Comrs. of Admiralty [1912] S. C. 20, 49 Scot. L. R. 98.

[1913] A. C. (Eng.) 638, 82 L. J. K. B. 69 An action by a father against the N. S. 1126, 109 L. T. N. S. 428, 29 Times nployers of his deceased son, at common L. R. 774, [1913] W. N. 267, 6 B. W. law and under the liability act of 1880, C. C. 788, affirming Court of Appeal (1912) is an action “by a workman against his 2 K. B. 26, 81 L. J. K. B. N. S. 532, 106 employer," within the meaning of $ 14 of L. T. N. S. 136, 28 Times L. R. 229, [1912] the act, and cannot be appealed to the court | W. C. Rep. 49, 5 B. W. C. C. 229.

V 15.73




apply in any case where the accident, any such dependents, but leaves any dehappened before the commencement of pendents in part dependent upon his this act.

earnings, such sum, not exceeding in any (2) The workmen's compensation acts case the amount payable under the fore1897 and 1900 are hereby repealed, but going provisions, as may be agreed upon, shall continue to apply to cases where or, in default of agreement, may be dethe accident happened before the com- termined, on arbitration under this act, mencement of this act, except to the to be reasonable and proportionate to extent to which this act applies to those the injury to the said dependents; and

(iii.) if he leaves no dependents, the b. Espect of this section.

reasonable expenses of his medical atAn appeal to the House of Lords tendance and burial, not exceeding £10; from a decision of the court of ses

(b) Where total or partial incapacity sion reversing a decision of an arbiter for work results from injury, a weekbased on the report of a medical referee ly payment during the incapacity not exwill not lie under sched. II., 17 (b), ceeding 50 per cent of his average weekof the act of 1906, in a proceeding under ly earnings during the previous twelve the act of 1897 in regard to an accident months, if he has been so long employed, which occurred before the commence

but if not, then for any less period ment of the act of 1906, notwithstanding during which he has been in the employthe exception in ý 16, subs. 1, of the lat- ment of the same employer such weekter act, as to “references to medical ref- ly payment not to exceed £1: Providand proceedings consequential

ed that (a) if the incapacity lasts less thereon.” 74

than two weeks no compensation shall be

payable in respect of the first week; XIX. Citing clause ($ 17).

and (b) as respects the weekly pay

ments during total incapacity of a. Text of $ 17.

workman who is under twenty-one years Section 17. This act may be cited as of age at the date of the injury, and the workmen's compensation act 1906.

whose average weekly earnings are less

than 20s., 100 per cent shall be subXX. Compensation recoverable stituted for 50 per cent of his average (sched. I).

weekly earnings, but the weekly pay

ment shall in no case exceed 10s. a. Text of schedule I.

[The proviso under ( 1 (b) is new; First Schedule. Scale and Conditions otherwise the paragraph is practically of Compensation.

the same as in the original act.] (1) The amount of compensation un

(2) For the purpose of the provisions der this act shall be: (a) where death of this schedule relating to earnings” results from the injury

and "average weekly earnings" of a (i.) if the workman leaves any de- workman, the following rules shall be pendents wholly dependent upon his observed: earnings, a sum equal to his earnings

(a) Average weekly earnings shall be in the employment of the same employer computed in such manner as is best calduring the three years next preced- culated to give the rate per week at ing the injury, or the sum of £ 150, which the workman was being remunwhichever of those sums is the larger, erated. Provided, that where, by reason but not exceeding in any case £300, of the shortness of the time during which provided that the amount of any weekly the workman has been in the employment payments made under this act, and any of his employer, or the casual nature lump sum paid in redemption thereof, of the employment, or the terms of the shall be deducted from such sum; and employment, it is impracticable at the if the period of the workman's employ- date of the accident to compute the rate ment by the said employer has been less of remuneration, regard may be had than the said three years, then the to the average weekly amount which, amount of his earnings during the said during the twelve months previous to three years shall be deemed to be 156 the accident, was being earned by a pertimes his average weekly earnings dur

son in the same grade employed at the ing the period of his actual employment same work by the same employer, or, if under the said employer;

there no person so employed, by a (ii.) if the workman does not leave person in the same grade employed in the

74 Mackay v. Rosie [1912] S. C. (H. L.) same class of employment and in the 7, 49 Scot. L. R. 48, 56 Sol. Jo. 48, 105 'same district. L. T. N. S. 682, 5 B. W. C. C. 181.

(b) Where the workman had entered

into concurrent contracts of service , such examination has taken place (T 3 with two or more employers under which of the original act]. he worked at one time for one such (5) The payment in the case of death employer and at another time for anoth- shall, unless otherwise ordered as hereer such employer, his average weekly inafter provided, be paid into county earnings shall be computed as if his court, and any sum so paid into court earnings under all such contracts were shall, subject to rules of court and the earnings in the employment of the em- provisions of this schedule, be invested, ployer for whom he was working at the applied, or otherwise dealt with by the time of the accident;

court in such manner as the court in its (c) Employment by the same employer discretion thinks fit for the benefit of shall be taken to mean employment by the persons entitled thereto under this the same employer in the grade in which | act; and the receipt of the registrar of the workman was employed at the time the court shall be a sufficient discharge of the accident, uninterrupted by ab- in respect of the amount paid in: sence from work due to illness or any Provided that, if so agreed, the payother unavoidable cause;

ment in case of death shall, if the work(d) Where the employer has been ac man leaves no dependents, be made to customed to pay to the workman a sum his legal personal representative, or, if to cover any special expenses entailed he has no such representative, to the on him by the nature of his employment, person to whom the expenses of medical the sum so paid shall not be reckoned as attendance and burial are due [similar part of the earnings.

to | 4 of the original act). [Paragraph 2 is new.]

(6) Rules of court may provide for (3) In fixing the amount of the week- the transfer of money paid into court ly payment, regard shall be had to any under this act from one court to another, payment, allowance, or benefit which the whether or not the court from which workman may receive from the employer it is to be transferred is in the same part during the period of his incapacity, of the United Kingdom as the court to and in the case of partial incapacity which it is to be transferred [new]. the weekly payment shall in no case ex (7) Where a weekly payment is payceed the difference between the amount able under this act to a person under of the average weekly earnings of the any legal disability, a county court may, workman before the accident and the on application being made in accordance average weekly amount which he is earn- with rules of court, order that the weeking or is able to earn in some suitable ly payment be paid during the disabilemployment or business after the ac-ity into court, and the provisions of this cident, but shall bear such relation to schedule with respect to sums required the amount of that difference as under by this schedule to be paid into court the circumstances of the case may ap- shall apply to sums paid into court in pear proper.

pursuance of any such order (new). [Paragraph 2 of the original schedule (8) Any question as to who is a dereads as follows:

pendent shall, in default of agreement, In fixing the amount of the weekly be settled by arbitration under this act, payment, regard shall be had to the dif- or, if not so settled before payment into ference between the amount of the aver-court under this schedule, shall be setage weekly earnings of the worknian tled by the county court, and the amount before the accident, and the average payable to each dependent shall be setamount which he is able to earn after tled by arbitration under this act, or, the accident, and to any payment, not if not so settled before payment into being wages, which he may receive from court under this schedule, by the county the employer in respect of his injury court. . Where there are both total and during the period of his incapacity.] partial dependents, nothing in this sched

(4) Where a workman has given notice ule shall be construed as preventing the of an accident, he shall, if so required compensation being allotted partly to by the employer, submit himself for the total and partly to the partial deexamination by a duly qualified medical pendents similar to 5th paragraph of practitioner provided and paid by the the act of 1897; last sentence is new). employer, and if he refuses to submit (9) Where, on application being made himself to such examination, or in any in accordance with rules of court, it apway obstructs the same, his right to com- pears to a county court that, on account pensation, and to take or prosecute any of neglect of children on the part of a proceeding under this act in relation to widow, or on account of the variation of compensation, shall be suspended untill the circumstances of the various de

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pendents, or for any other sufficient, schedule, was omitted from { 14 of the
cause, an order of the court, or an award later act:
as to the apportionment amongst the But if the workman objects to an ex-
several dependents of any sum paid as amination by that medical practitioner,
compensation, or as to the manner in or is dissatisfied by the certificate of
which any sum payable to any such de- such practitioner upon his condition,
pendents is to be invested, applied, or when communicated to him, he may sub-
otherwise dealt with, ought to be varied, mit himself for examination to one of the
the court may make such order for medical practitioners appointed for the
the variation of the former order or the purposes of this act, as mentioned in
award as in the circumstances of the the second schedule to this act, and the
case the court may think just [new]. certificate of that medical practitioner

(10) Any sum which under this sched- as to the condition of the workman at the
ule is ordered to be invested may be in- time of the examination shall be given
vested in whole or in part in the Post- to the employer and workman, and shall
office Savings Bank by the registrar of be conclusive evidence of that
the county court in his name as registrar dition].
(1 7 of the original act].

(15) A workman shall not be required (11) Any sum to be so invested may to submit himself for examination by a be invested in the purchase of an an- inedical practitioner under paragraph nuity from the National Debt Commis- (4) or paragraph (14) of this schedule, sioners through the Postoffice Savings otherwise than in accordance with regBank, or be accepted by the Postmaster uiations made by the Secretary of State, General as a deposit in the name of the or ac more frequent intervals than may registrar as such, and the provisions of de prescribed by those regulations. any statute or regulations respecting the Where a workman has so submitted limits of deposits in savings banks, and himself for examination by a medical the declaration to be made by a de- practitioner, or has been examined by positor, shall not apply to such sums ( 8 a medical practitioner selected by himof the original act].

seir, and the employer or the workman, (12) No part of any money invested as the case may be, has within six days in the name of the registrar of any coun- after such examination furnished the ty court in the Postoffice Savings Bank orner with a copy of the report of that under this act shall be paid out, except practitioner as to the workman's conupon authority addressed to the Post- aition, then, in the event of no agreemaster General by the Treasury or, sub- ment being come to between the employer ject to regulations of the Treasury by and the workman as to the workman's the judge or registrar of the county condition or fitness for employment, the court (9 9 of the original act].

registrar of a county court, on applica(13) Any person deriving any benefits tion being made to the court by both from any moneys invested in a post- parties, may, on payment by the apoffice savings bank under the provisions plicants of such fee, not exceeding £1, of this act may nevertheless open an as may be prescribed, refer the matter account in a postoffice savings bank or in to a medical referee. any other savings bank in his own name The medical referee to whom the matwithout being liable to any penalties im- ter is so referred shall, in accordance posed by any statute or regulations in with regulations made by the Secretary respect of the opening of accounts in two of State, give a certificate as to the consavings banks, or of two accounts in dition of the workman and his fitness. the same savings bank [ 10 of the origi- for employment, specifying, where necnal act).

essary, the kind of employment for which (14) Any workman receiving weekly he is fit, and that certificate shall be payments under this act shall, if so re- conclusive evidence as to the matters so quired by the employer, from time to certified. time submit himself for examination by Where no agreement can be come to a duly qualified medical practitioner pro- between the employer and the workman vided and paid by the employer. If as to whether or to what extent the in

the workman refuses to submit him- capacity of the workman is due to the · self to such examination, or in any way accident, the provisions of this para

obstructs the same, his right to such graph shall, subject to any regulations weekly payments shall be suspended made by the Secretary of State, apply until such examination has taken place. as if the question were a question as to

[The following clause, forming part of the condition of the workman. the first sentence in ( 11 of the earlier If a workman, on being required so to

do, refuses to submit himself for ex (18) If a workman receiving a weekamination, by a medical referee to whom|ly payment ceases to reside in the Unitthe matter has been so referred as ed Kingdom, he shall thereupon cease aforesaid, or in any way obstructs the to be entitled to receive any weekly same, his right to compensation and to payment, unless the medical referee certake or prosecute any proceeding under tifies that the incapacity resulting from this act in relation to compensation, or, the injury is likely to be of a permanent in the case of a workman in receipt of nature. If the medical referee so cera weekly payment, his right to that week-tities, the workman shall be entitled to ly payment, shall be suspended until receive quarterly the amount of the weeksuch examination has taken place. ly payments accruing due during the pre

Rules of court may be made for pre- ceding quarter so long as he proves, in scribing the manner in which documents such manner and at such intervals as are to be furnished or served and ap- may prescribed by rules of court, his plications made under this paragraph, identity and the continuance of the inand the forms to be used for those pur- capacity in respect of which the weekposes, and, subject to the consent of the ly payment is payable [new]. Treasury, as to the fee to be paid under (19) A weekly payment, or a sum paid this paragraph (new).

by way of redemption thereof, shall not (16) Any weekly payment may be re- be capable of being assigned, charged, or viewed at the request either of the em- attached, and shall not pass to any other ployer or of the workman, and on such person by operation of law, nor shall any review may be ended, diminished, or in-claim be set off against the same [same creased, subject to the maximum above as | 14 of the original act]. provided; and the amount of payment (20) Where under this schedule a shall, in default of agreement, be set- right to compensation is suspended, no tled by arbitration under this act; Pro- compensation shall be payable in respect vided that where the workman was at of the period of suspension [new]. the date of the accident under twenty (21) Where a scheme certified under one years of age, and the review takes this act provides for payment of complace more than twelve months after the pensation by a friendly society, the proaccident, the amount of the weekly pay- visions of the proviso to the first subs. ment may be increased to any amount of ♡ 8, Ø 16, and ♡ 41 of the friendly not exceeding 50 per cent of the weekly societies act 1896, shall not apply to sum which the workman would probably such society 'in respect of such scheme have been earning at the date of the re- [9 15 of the original act]. view if he had remained uninjured, but (22) In application of this act to Irenot in any case exceeding £1 (same as land the provisions of the county officers | 12, except that the proviso is new].

and courts (Ireland) act 1877, with re(17) Where any weekly payment has been continued for not less than six office Savings Bank under that act shall

spect to money deposited in the Postmonths, the liability therefor may, application by or on behalf of the emitice Savings Bank under this act [1 17

apply to money invested in the Postployer, be redeemed by the payment of a lump sum of such an amount as, where

of the original act). the incapacity is permanent, would, if in-0. Meaning of phrase "where death revested in the purchase of an immediate sults from the injury(1 1a). life annuity from the National Debt Commissioners through the Postoffice

Death may be the result of the injury Savings Bank, purchase an annuity for within the meaning of this paragraph of the workman equal to 75 per cent of the the act, even though, in fact, it may not annual value of the weekly payment, and, be the natural or probable consequence

thereof; as where the death resulted as in any other case, may be settled by arbitration under this act; and such

75 Dunham v. Clare (1902] 2 K. B. (Eng.) lump sum may be ordered by the com- 292, 71 L. J. K. B. N. S. 683, 66 J. P. 612, 50 mittee or arbitrator or judge of the coun- Week. Rep. 596, 86 L. T. N. S. 751, 18 ty court to be invested or otherwise Times L. R. 645, 4 W. C. C. 102. In this applied for the benefit of the person en

case a workman injured his foot and erytitled thereto: Provided that nothing sipelas supervened. Collins, M. R., said: in this paragraph shall be construed as

"It is incumbent upon the applicant for preventing agreements being made for accident which caused injury, and that death

compensation to show that there was an the redemption of a weekly payment by resulted from that injury. When the ap; a lump sum [elaboration of s 13 of the plicant has shown that, he has done all original act].

that is necessary to establish the claim


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