No. 191/1934:

WORKMEN'S COMPENSATION ACT, 1934 (CERTIFICATE OF MEDICAL REFEREE) REGULATIONS, 1934

WORKMEN'S COMPENSATION ACT, 1934 (CERTIFICATE OF MEDICAL REFEREE) REGULATIONS, 1934

THE WORKMEN'S COMPENSATION ACT, 1934 (CERTIFICATE OF MEDICAL REFEREE) REGULATIONS, 1934 MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 28th DAY OF JULY, 1934, PURSUANT TO SECTION 34 of THE WORKMEN'S COMPENSATION ACT, 1934 (No. 9 of 1934).

WHEREAS it is enacted by sub-section 5 of Section 34 of the Workmen's Compensation Act, 1934 , that whenever a reference order is made under that section, the medical referee named in such order shall forthwith examine the workman to whom such order relates, and shall in accordance with regulations made by the Minister for Industry and Commerce give a certificate as to the condition of such workman, and his fitness for employment, specifying, where necessary, the kind of employment for which he is fit.

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the powers conferred on him by sub-section (5) of Section 34 of the Workmen's Compensation Act, 1934 , and of every and any other power him in this behalf enabling, makes the following regulations, that is to say :—

1. These regulations may be cited for all purposes as the Workmen's Compensation Act, 1934 (Certificate of Medical Referee) Regulations, 1934.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these regulations the expression " the Act " means the Workmen's Compensation Act, 1934 .

4. The certificate to be given by the medical referee named in a reference order made under Section 34 of the Act shall be in the form prescribed in the Schedule to these regulations.

5. These regulations shall come into operation on the first day of August, 1934.

Given under the Official Seal of the Minister for Industry and Commerce, this 28th day of July, in the year one thousand nine hundred and thirty-four.

(Signed) JOHN LEYDON,

Secretary,

Department of Industry and Commerce.

SCHEDULE.

FORM.

WORKMEN'S COMPENSATION ACT, 1934 (CERTIFICATE OF MEDICAL REFEREE) REGULATIONS, 1934.

CERTIFICATE OF MEDICAL REFEREE UNDER SECTION 34 OF THE ACT.

In accordance with the Reference made to me by the Registrar of the Circuit Court holden at..............................upon the application of (name and address of parties)............................................................ ................................ I have on the............day of..............................examined the said (name and address of workman)............................................................ ..........and I hereby certify as follows :—

1. The said..........................................is*..........................................and his condition is such that he is*...........................................................

2. The incapacity of the said..............................is‡..............................

Note.—Either paragraph 1 or paragraph 2 to be filled up, or both to be filled up, according to the terms of reference.

Dated this................................day of..............................

(Signed)............................................................ .........

Medical Referee.

* Describe state of health.

† State whether workman is fit for his ordinary or other work, specifying, where necessary, the kind of work, or whether he is unfit for work of any kind.

‡ State whether or to what extent the incapacity is due to the accident or (in cases coming within Part X of the Act,) to the disease.

In dealing with the question of recovery, if the Referee finds that the workman is no longer physically incapacitated for work as a result of the accident or of the attack of the disease, but that the workman's condition is such that either (a) there is a reasonable probability of the workman becoming again incapacitated through the effects of the accident or through a recrudescence of the attack of the disease, or (b) there is, as a result of the attack, an increased susceptibility to a fresh attack of the disease, the Referee should include a statement as to his findings.

If the Order of Reference and the documents which accompanied it show that the decision of the Referee is desired as to the workman's condition or fitness for employment (or as to whether or to what extent his incapacity was due to the accident) at some date previous to the date of the Referee's examination (see Section 26 of the Act), the Referee should deal with this point also, so far as he can.