HUGHES v. REED & CO.

(1938) 60 Ll.L.Rep. 81

COURT OF APPEAL.

Before Lord Justice Slesser, Lord Justice Scott and Mr. Justice Farwell.

Workmen's compensation-Partial incapacity -Injury sustained by appellant dock labourer while working in steamer's hold-Appellant employed by defendant stevedores-Compensation, which was paid for three months, terminated by employers-Arbitration -Claim for total incapacity-Plea by employers that appellant "is not now, and has not since June 5 been wholly or partially incapacitated"-Difference of medical opinion as to incapacity -Finding of learned County Court Judge that appellant was not totally incapacitated and that compensation should be terminated by virtue of medical certificate under Sect. 12 of Act of 1925-Whether appellant precluded by his pleadings from an award for partial incapacity.