Where it is claimed on behalf of a defendant that a claimant has failed to mitigate his damages by refusing recommended surgery, the onus rests upon the defendant to show that the claimant’s refusal has been unreasonable in the circumstances. The rule about a worker’s unreasonable refusal of treatment was described by Lord Wright as a piece of judicial legislation,
Lord Wright
[1942] AC 497, [1942] 1 All ER 447
England and Wales
Cited by:
Cited – Richardson v Redpath Brown and Co Ltd HL 1944
Viscount Simon LC discussed the role and status of medical assessors, saying: ‘But to treat a medical assessor, or indeed any assessor, as though he were an unsworn witness in the special confidence of the judge, whose testimony cannot be challenged . .
These lists may be incomplete.
Updated: 20 June 2021; Ref: scu.543884
