MEDICAL CERTIFICATE

New Zealand Herald, Volume LXXV, Issue 23085, 9 July 1938, Page 20

MEDICAL CERTIFICATE

RECOVERY FROM ACCIDENT COMPENSATION QUESTION [hy telegraph—press association] WELLINGTON, Friday The question as to whether the certificate of a medical committee appointed pursuant to the Workers' Compensation Amendment Act, 1936, is binding and conclusive on the Arbitration Court was considered in the Court of Appeal today upon a caso stated for its opinion by tho Arbitration Court in the action of Edward James Ash by, of Wellington. waterside worker, against the Shaw, Savill and Albion Company, Limited.

When working for the defendant company in 1937 plaintiff was struck on the chest and injured by a falling trestle. Having made u claim for compensation. ho submit-ed himself in September, 1937, to examination by the Wellington District Medical Committee, consisting of Drs. Anderson, Whyte and Thwigg. The committee's finding and certificate was to the effect that plaintiff had recovered from the effects of the injury mentioned, but that he was unlit for work by reason ot heart disease, which was not inlhienccd or cuusod in any way by the accident. Defendant thereupon ceased the payment of compensation. Plaintiff, however, not being satisfied, brought an action in the Arbitration Court, to which the defendant pleaded that the certificate of tho committee was conclusive evidence that plaintiff had wholly recovered from the accident and that the Court had no jurisdiction to consider the claim. Those points wore reserved for the Court of Appeal, which reserved its decision.