HOWARTH v. ARTHUR GAMMAN, LTD.

(1948) 82 Ll.L.Rep. 411

COURT OF APPEAL.

Before Lord Justice Bucknill, Lord Justice Cohen and Lord Justice Denning.

Workmen's compensation-Notice of reduction -Respondent blinded in left eye in course of employment by appellants- Compensation paid by appellants on basis of total incapacity - Partial recovery - Signing on by respondent at Labour Exchange-Receipt of unemployment benefit-Service of notice on respondent by appellants alleging partial recovery and purporting to reduce compensation - Workmen's Compensation Act, 1925, Sect. 12: An employer shall not be entitled . . . to end or diminish a weekly payment except in the following cases . . . (3) where the medical practitioner who has examined the workman under Sect. 18 of this Act has certified that the workman has wholly or partially recovered . . . and a copy of the certificate (which shall set out the grounds of the opinion of the medical practitioner) together with notice of the intention of the employer at the expiration of ten clear days from the date of the service of the notice to end the weekly payment, or to diminish it by such amount as is stated in the notice, has been served by the employer upon the workman . . .

Notice containing extracts from medical reports certifying partial recovery - Whether a "copy of the certificate" as required by Sect. 12 - Finding by learned County Court Judge that there was no proper copy of the certificate served with the notice, as required by Sect. 12 (3), and that therefore the notice was invalid-Award of compensation on basis of total incapacity-Appeal by employers.