Irish Road Transport Company v Jones

JurisdictionNorthern Ireland
Judgment Date01 January 1934
Date01 January 1934
CourtCourt of Appeal (Northern Ireland)
C.A., N.I.
Irish Road Transport Co
and
Jones

Weekly payments by agreement - Unsuccessful application for review - Renewed application - Plea of"res judicata" - "Change of circumstances"- Workmen's Compensation Act (N.I.), 1927.

A workman sustained an injury on February 17th, 1931, and was paid compensation by agreement at the rate of 27s., 1d. per week. He underwent an unsuccessful operation for hernia. A year later his employers asked for a review by the County Court Judge. This was refused on April 4th, 1932, the Court holding that in the circumstances it was not unreasonable for the workman to refuse to undergo further surgical treatment and that his incapacity was, accordingly, due to the accident. In December, 1932, the matter was referred to a medical referee, who gave an opinion that an operation would effect a cure. In April, 1933, the employers sought for review of the weekly payments and claimed that the workman could do light work. The workman contended that by reason of the unsuccessful application of April 4th, 1932...

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1 cases
  • Canning v Notley
    • Ireland
    • Supreme Court
    • 19 July 1961
    ...980, at p. 992. (2) [1922] 1 K. B. 329; 14 B. W. C. C. 190. (3) 29 B. W. C. C. 126. (1) [1916] 1 K. B. 980. (2) 31 B. W. C. C. 74. (3) 68 I. L. T. R. 211. (1) [1900] 2 Q. B. (2) 31 B. W. C. C. 74. (1) 29 B. W. C. C. 137, per Scott L.J., at p. 151. (2) [1904] 1 K. B. 235. (3) [1910] 1 K. B. ......

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