Kiely v Minister for Social Welfare

Judgment Date16 December 1971
Date16 December 1971
Docket Number[1969 No. 226 Sp.]
CourtHigh Court
Minister for Social Welfare

Natural justice - Social welfare - Appeal to appeals officer - Medical evidence furnished by written report - Social Welfare (Insurance Appeals) Regulations, 1952 (S.I. No. 376 of 1952), Article 11 (5) - Social Welfare Act, 1952 (No. 11 of 1952), s. 45 -Social Welfare (Occupational Injuries) Act, 1966 (No. 16), ss. 16, 38.

The appellant had applied pursuant to s. 16 of the Social Welfare (Occupational Injuries) Act, 1966, for social welfare benefits on the ground that her husband had died as a result of personal injury caused by an accident arising out of and in course of his employment. The appellant's husband had suffered burns in such an accident and he had died four months later, but his death was certified as being due to coronary thrombosis. The deciding officer refused the application on the grounds that the accident had not been a cause of the death. On appeal to an appeals officer the appellant submipted that a written report of a specialist in diseases of the heart, which report supported the decision of the deciding officer, was not admissible as evidence of fact on the issue of causation and that, in any event, the report should not be preferred to the oral and contrary testimony given by the doctor who had attended her husband after the accident. The appeals officer dismissed the appeal and the appellant then appealed to the High Court where it was Held by Kenny J., in allowing the appeal, 1, that in reaching his decision the appeals officer had been entitled to accept the evidence on causation contained in the written report in preference to the oral evidence on that issue...

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6 cases
  • Nolan v Irish Land Commission
    • Ireland
    • Supreme Court
    • 1 January 1981
    ...Planning v. Ryan [1979] I.R. 295. 5 The State (Crothers) v. Kelly (High Court-2nd October, 1978). 6 Kiely v. Minister for Social Welfare [1971] I.R. 21. 7 Kiely v. Minister for Social Welfare [1977] I.R. 267. 8 Boneker v. Evans (1850) 16 Q.B. 162. 9 Miller (T.A.) v. Minister for Housing [19......
  • Nolan v Irish Land Commission
    • Ireland
    • High Court
    • 15 December 1978
    ...administrative tribunals such as appeals officers established under the Social Welfare Acts (see; Kiely .v. Minister for Social Welfare ( 1971 I.R. 21, 26, 28). What the Plaintiff in effect says is this; the basic concept which informs the rules of natural justice is that procedures should ......
  • Kiely v Minister for Social Welfare
    • Ireland
    • Supreme Court
    • 16 February 1977
    ...officer quashed. She was successful. As appears from the report of the High Court decision in Kiely v. The Minister for Social Welfare [1971] IR 21, it was held that the proceedings before the appeals officer were invalidated because the appellant had not been given an adequate opportunity ......
  • Whelan v Kirby
    • Ireland
    • High Court
    • 7 November 2003 so without access to the intoximeter itself. Counsel refers to a number of authorities including Kiely v Minister for Social Welfare [1971] I.R. 21, Killiney and Ballybrack Development Association Ltd. v Minister for Local Government [1978]112 I.L.T.R. 69, The State (Williams) v Army Pen......
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