Naughton v John Sisk Son (Dublin) Ltd
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1960 |
| Date | 01 January 1960 |
| Court | Supreme Court |
Workmen's compensation - Finding of total incapacity - Application by employer to review refused on ground that no change of circumstances show - Application by workman for redemption of weekly payments - Whether Circuit Court Judge bound by his previous orders - Whether on application for redemption the Circuit Court Judge and, on appeal, the Supreme Court may review finding of total incapacity - Workmen's Compensation (Amendment) Act, 1955 (No. 16 of 1955), s. 8.
On an application by a workman for redemption of weekly payments by the award of a lump sum, pursuant to s. 8 of the Workmen's Compensation (Amendment) Act, 1955, the Circuit Court Judge, having found that he remained totally incapacitated as a result of his injury and that he was likely to continue incapacitated for the rest of his life, awarded a lump sum to be paid to him by way of redemption of the weekly payments. On appeal by the respondents against the order awarding redemption, on the grounds,inter alia, that the trial Judge misdirected himself in law in holding that applicant remained totally incapacitated, and was likely to continue to be so incapacitated for the rest of his life, that there was no evidence that he remained totally incapacitated and that the only evidence as to incapacity showed that he was only partially incapacitated, it was
Held by the Supreme Court (Lavery and Kingsmill Moore JJ.; Maguire C.J., dissenting), allowing the appeal and setting aside the order of redemption made by the Circuit Court Judge, that on an application by a workman for redemption of weekly payments by the award of a lump sum, the Court is to examine the position in the light of the evidence and having regard to the matters required to be determined by the Court under the provisions of s. 8 of the Workmen's Compensation (Amendment) Act, 1955.
Per Lavery J.:—". . . many questions have to be considered on an application to redeem and I consider they must all be examined and determined unaffected by previous orders. . . ."
Dealing with a submission that the practice on application to review weekly payments applied, Lavery J. said:—"I do not think it necessary to decide what is the position on applications to review and if the question should arise hereafter, I reserve the right to consider it."
Per Kingsmill Moore J.:—"In my view the Court must . . . examine the case de novo. If there is in existence a decree on the basis of total disability the Court must still examine into the facts as they exist at the date of the application, and it is not necessary to show such a change of circumstances as would be required before an application for a review of weekly payments could be entertained."
Appeal from the Circuit Court.
The applicant, Thomas Naughton, a labourer...
To continue reading
Request your trial