ELLERBECK COLLIERIES, LTD. v. CORNHILL INSURANCE COMPANY, LTD.

(1931) 41 Ll L Rep 57

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Slesser.

Workmen's compensation insurance - Industrial disease - Miner's nystagmus - Appeal by insurance company from a judgment in favour of respondent employers-Provisional cover for period Mar. 8 to Mar. 19, 1929 - Certificates of surgeon dated Mar. 11 and 12 that workmen were suffering from nystagmus and that the disablement commenced on those days - Finding of medical referee, on appeal, agreeing with certifying surgeon, with an additional finding that workmen suffered from nystagmus before Jan. 1, 1929 - Jurisdiction of referee-Workmen's Compensation Act, 1925, Sect. 43 - "Disablement [by an industrial disease] shall be treated as the happening of the accident . . . The date of disablement shall be such date as the certifying surgeon certifies as the date on which the disablement commenced, or, if he is unable to certify such a date, the date on which the certificate is given . . ." - Workmen, although on respondents' books, in fact not earning wages during period of cover - Contention that workmen were not in respondents' service at material time -