Burke v McDonough's Fertilizers

• Jurisdiction: Ireland
• Judgment Date: 01 January 1940
• Date: 01 January 1940
• Court: Supreme Court

(S.C.),

Burke

and

McDonough's Fertilizers

-Failure to institute proceedings within the statutory six months - "Reasonable cause" - Workmen's Compensation Act (No. 9 of 1934), s. 31.

A workman, on April 27, 1936, met with an accident to his eye arising out of and in the course of his employment as a result of which he was incapacitated for a period of about four weeks. During that period he sent his son to do his work for him under the respondents and the son was paid the same wages as the injured workman. Towards the end of May, 1936, the injured workman returned to his work and remained thereat, with occasional breaks when his eye gave him trouble, until July, 1938, when he was forced to give up his employment on account of his injury. In October, 1938, he instituted proceedings in the Circuit Court claiming compensation under the Workmen's Compensation Act, 1934, in respect of the accident to his eye. At the hearing in the Circuit Court the applicant swore that he had given notice of the accident to a foreman who at that time, had been employed by the respondents. This foreman had not, in fact...