A miner died on 28th December 1914, as alleged by his widow, from heart failure due to overstrain at his work. Notice of the accident was only given on 6th January 1915. The employers took no steps to have the body exhumed. Against a claim for compensation they maintained that the miner had died from natural causes, and that the claim was not maintainable, inasmuch as notice had not been given as soon as practicable. The Sheriff-Substitute found that the employers had not been prejudiced in their defence by the delay in giving notice. Held that the question of prejudice, under section 2 (1) of the Workmen’s Compensation Act 1906, was a question of fact for the arbiter, and that there was evidence to support his finding in the case.
Judges:
Viscount Haldane, Lord Kinnear, Lord Shaw, and Lord Parmoor
Citations:
[1916] UKHL 22, 54 SLR 22
Links:
Statutes:
Workmen’s Compensation Act 1906
Jurisdiction:
England and Wales
Personal Injury, Employment
Updated: 11 July 2022; Ref: scu.630689
