Lafferty v Donegal County Council

• Jurisdiction: Ireland
• Judgment Date: 20 December 1946
• Date: 20 December 1946
• Court: Supreme Court

Supreme Court.

Lafferty v. Donegal County Council.

In Re the Workmen's Compensation Act, 1934, WILLIAM LAFFERTY

Applicant

and

DONEGAL COUNTY COUNCIL, Respondents (1)

Workmen's compensation - Medical assessor - Assessor summoned by Judge when medical evidence part heard - Assessor not present when medical evidence given on behalf of one party - Award by Judge after consultation with assessor - Irregular procedure - Award set aside - Workmen's Compensation Act, 1934 (No. 9 of 1934) s. 39.

Appeal on behalf of the respondents, the Donegal County Council, from an order of the Circuit Court Judge of the North Western Circuit (Judge Lynch), dated the 2nd June, 1945, awarding the applicant, William Lafferty, compensation under the Workmen's Compensation Act, 1934.

The applicant, a labourer, had been injured whilst in the respondents' employment in the year 1938, his leg having been burnt by hot tar which had been splashed on it, and compensation under the Act of 1934 had been paid to him. In the same year he had also suffered from a varicose condition. He returned to his employment and remained at work until February, 1944, when he again went to hospital for treatment for his injury, and was paid compensation by the respondents until January, 1945, when the payments were discontinued.

At the hearing of his application for compensation before the Circuit Court Judge he admitted that he had suffered from an ulcer in the year 1944. The applicant's doctor, Dr. Lindsay, was not available to give evidence at the time when the applicant's evidence had concluded, but the Judge gave leave to call him later. The Judge then heard the evidence of Dr. Bannigan, on behalf of the respondents. Subsequently, when Dr. Lindsay was giving evidence, the Judge summoned a medical referee to sit with him as assessor.

In the course of Dr. Lindsay's evidence the Judge asked him:—"What are the probabilities that it" [the ulcer]"was brought on as a result of the burns?" to which Dr. Lindsay replied:—"There was a strong possibility that the burning had something to do with it."

After consultation with the assessor the Judge made an award of compensation, and from his order the present appeal was taken by the respondents.

The further facts are set out in the judgment of the Court.

Medical evidence tendered on behalf of an applicant for compensation under the Workmen's Compensation Act, 1934, was heard by the Circuit Court Judge in the presence of an assessor, but the...