High Court of Australia
i Phan v Refugee
in, In
Tuna E800} 170 suns
H.C. or A. Workmen's Compensation—Workman suffering from lead poisoning—Medical Board
1926. ~
Sypney,
Aug. 5, 6, 9.
MELBOURNE, Oct. 8.
Knox
, Higgins, Gavan Dutty and Starke JJ
HENNESSY
THE BROKEN HILL PROPRIETARY )
Foll hago v efiigee Review Tribunal Bs (2000) 74 LIR 69K
HIGH COURT {ll
[HIGH COURT OF AUSTRALIA.]
APPELLANT ; RESPONDENT,
AND
COMPANY LIMITED 5 Reseonnenyy
APPLICANT,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
—Certificate of fitness for employment—Validity—Certificate after examination— Limitation of certificate to effects of lead poisoning—A pplication by employer to review weekly payments—Evidence as to health of workman—Whether member of Board a competent and compellable witness—Workmen's Compensation Act 1916 (W.8.W.) (No. 71 of 1916), sec. 5 (3); Sched. I., cll, 14, 16—Workmen's Compensation (Broken Hill) Act 1920 (N.S.W.) (No. 36 of 1920), Sched., Part V., cl. 40, Part VI.—Workmen's Compensation (Lead Poisoning—Broken Hill) Act 1922 (N.S.W.) (No. 31 of 1922), secs. 4 (3) (a), 7, 8 (1), 9 (3)—Regulations of 23rd March 1923 under Workmen's Compensation (Lead Poisoning—Broken Hill) Act 1922, reg. 6 (b), (c) (iv.); Schedule, Form 8.
Sec. 8 (1) of the Workmen's Compensation (Lead Poisoning—Broken Hill) Act 1922 (N.S.W.) provides that "If the" Medical "Board, after examination, certifies that a workman who has been employed in or upon a Broken Hill mine, and who has been disabled by lead poisoning, is physically fit to return to employment in or upon a Broken Hill mine his right to compensation shall cease" &e.
Held, (1) that the section contemplates a general physical fitness of the workman, and not a physical fitness so far only as lead poisoning is concerned, and therefore that a certificate that the particular workman was physically _ fit "in so far as lead poisoning is concerned " was not a valid certificate within the section; (2) that a certificate otherwise within the section was not
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