Smith v Davis and Sons Ltd: HL 29 Mar 1915

Compensation had been paid by weekly payments for injuries received by a workman, and had been discontinued on the workman’s recovery and return to work. About two years later the workman, having meantime been in hospital with an illness which was not the result of the accident, claimed compensation on the ground of partial incapacity arising from the original injuries. The employers demanded that the work-man should submit to medical examination, and on the second occasion the man refused to do so. Consequently the employers, successfully, applied to the County Court for an order staying the proceedings till he should submit himself to such examination. Held (aff. Court of Appeal, 7 B.W.C.C. 138) that under the Workmen’s Compensation Act 1906, Sched. I, par. 4, which paragraph here applied, the workman was bound to submit to as many examinations as the employer might reasonably require, and that there was no suggestion that the demand was in this case unreasonable.


Earl Loreburn, Lords Atkinson and Parker


[1915] UKHL 524, 53 SLR 524




England and Wales

Personal Injury, Health and Safety

Updated: 26 April 2022; Ref: scu.620679