Where a workman meets with an injury from an accident in the course of his employment, but at the date of the arbitration no incapacity has arisen, the arbitrator may, if satisfied on the evidence that incapacity is likely to supervene, make an order adjourning the arbitration, and reserving to the parties right to make further application under the arbitration.
Suggested form of order for the arbitrator.
The appellant received an injury to his eye in the course of his employment by the respondents which did not induce immediate incapacity. He remained in their employment for over a year at his old wages, and was subsequently discharged. He then applied to the County Court for a declaration of liability. Held that in the circumstances the failure to make the claim within six months was due to reasonable cause in the sense of section 2 of the Act.
Observations on the duty of the arbitrator who finds reasonable cause to set out the reasons for his finding.
Lord Chancellor (Birkenhead), Lords Finlay, Atkinson, Parmoor, and Wrenbury
[1919] UKHL 699, 57 SLR 699
Bailii
England and Wales
Personal Injury, Employment
Updated: 17 January 2022; Ref: scu.632781