Farrel v Dyet

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: Saunders, J.
• Judgment Date: 26 April 1995
• Neutral Citation: MS 1995 CA 1
• Docket Number: Magisterial Civ. Appeal No. 1 of 1995
• Date: 26 April 1995

Farrel

and

Dyet

Floissac, C.J. Liverpool J.A. Singh, J.A.

Magisterial Civ. Appeal No. 1 of 1995

Court of Appeal

Industrial law - Workman's compensation — Appeal against decision of magistrate whereunder the magistrate refused to entertain the appellant's application for compensation under the Workmen's Compensation Ordinance, Cap. 323 — Application was refused on the ground that the appellant did not make his claim for compensation within the time prescribed by sec. 16(10(c) of the Ordinance — Court applied the proviso (11) of section 16(1) as the appellant had reasonable grounds for his late application.

Saunders, J.

1 This is an appeal against a decision which was delivered by Senior Magistrate Anna B. Ryan on 4th January 1994 and whereunder the learned magistrate refused to entertain the appellant's application for compensation under the Workmen's Compensation Ordinance (Cap 323 of the Laws of Montserrat). The application was refused on the ground that the appellant did not make his claim for compensation within the time prescribed by section 16(1)(c) of the Ordinance.

2 Section 16(1)(c) provides:

• “(1) Proceedings for the recovery under this Ordinance

• of compensation for any injury shall not be maintainable unless

• (a) …………

• (b)…………

• (c) the claim for compensation with respect to such accident has been made within six months from the occurrence of the accident causing the injury;”

3 ...