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Dáil Éireann debate -
Tuesday, 21 Apr 1936

Vol. 61 No. 8

Ceisteanna—Questions. Oral Answers. - Public Works and Workmen's Compensation.

asked the Minister for Finance if he is aware that on the 7th November, 1934, Patrick O'Leary, of Glenlough, Gortalassa, Bantry, was awarded £1 1s. per week compensation under the Workmen's Compensation Act against the Commissioners of Public Works; if this has been paid up to 7th September, 1935, as from which date the Commissioners served notice to terminate the compensation on the report of a doctor; if a contradictory affidavit was filed by a medical doctor on behalf of the applicant, and if the matter was referred to a referee, who decided that the applicant was incapable of doing the regular work of a labourer, but could do light work, which is not forthcoming; if the Commissioners in face of the report of the medical referee have failed to pay any compensation, and if he is aware that as a result of the Commissioners' failure the applicant is now destitute.

Following an accident which occurred to Patrick O'Leary, of Glenlough, Gortalassa, on 13th March, 1934, compensation at the rate of £1 1s. 0d. per week was paid to him up to 7th September, 1935, on which date a notice served on him under Section 26 of the Workmen's Compensation Act, 1934, expired, a doctor engaged by the insurance company having certified O'Leary's fitness for work on that date. The case was contested by the solicitor acting for the claimant and was referred to the court medical referee, a sum equivalent to the compensation at the rate of £1 1s. per week up to 2nd November, 1935, being lodged in court. The court referee certified O'Leary was fit for many kinds of light work. It was not practicable to offer him such employment. Compensation at the full rate of £1 1s. a week therefore continued to be allowed, and the balance due up to 4th instant was paid by the insurance company to O'Leary's solicitor on the 7th instant. Arrangements have been made for fortnightly payments as from the 18th instant so long as legal liability exists.

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