Delaney v Valentine [Supreme Court.]
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1945 |
| Date | 01 January 1945 |
| Court | Supreme Court |
-Medical referee - Medical referee sitting as assessor - Medical referee examining workman and making report to Judge -Improper procedure - Functions of medical referee - Workmen's Compensation Act, 1934 (No.9 of 1934), s. 39, sub ss. 1 and 4 - Workmen's Compensation (Submission to Medical Referee) Regulations (Stat. R, Or., 1934. No. 221),r. 3 - Circuit Court (Workmen's Compensation) Rules, 1942, r. 31, sub-r. 2.
Where a medical referee has been summoned under sub-s. 1 of s. 39 of the Workmen's Compensation Act, 1934, to sit as assessor to the Court, his function is to assist the Court to understand and appreciate the medical evidence, and accordingly an examination of the workman by him is not contemplated and is not authorised by any rule or regulation. Accordingly, where a medical referee sat as assessor and examined the workman and handed his report to the Circuit Court Judge who, as was apparent from his judgment, had attached some importance to it, the Judge's...
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Kiely v Minister for Social Welfare
...held by the House of Lords in Richardson v. Redpath, Brown and Co. Ltd. [1944] AC 62 and by the Supreme Court in Delaney v. Valentine [1945] IR 1 that the function of a medical assessor is to make his medical expertise available, if requested, so that the medical evidence may be properly u......
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