PURVIS v. LONDON MIDLAND & SCOTTISH RAILWAY COMPANY.

(1937) 59 L1.L.Rep. 43

COURT OF APPEAL.

Before Sir Wilfrid Greene (Master of the Rolls), Lord Justice Romer and Lord Justice MacKinnon.

Workmen's compensation-Declaration of liability-Accident to appellant in 1926 while in respondents' employ-Hernia-Compensation paid-Return to work-Second accident in 1935-Strained back-Compensation paid-Subsequent application for an award in respect of both accidents - Denial by respondents that any existing incapacity resulted from either accident - Contention that appellant had unreasonably refused to undergo an operation for hernia - Whether a refusal to be effective for such a plea must be a refusal of an offer made by the employer - Submission by respondents to declaration of liability--Award made by learned County Court Judge in favour of respondents -Parties not present when judgment delivered-No reference to declaration of liability.