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By an Order of the Secretary of State under the power conferred by sec. 8 (6), dated 30th July 1913, the third schedule to the Act is extended to include the following:—
The disease known as miner's nystagmus, whether occurring in miners or others and whether the symptom of oscillation of the eyeballs be present or not.
Bernard M'Taggart, miner, 5 Muir Street, Larkhall, appellant , presented an application in the Sheriff Court at Hamilton for an arbitration under the Workmen's Compensation Act 1906 to recover compensation from Messrs William Barr & Sons, Limited, Allanton Colliery, Hamilton, respondents , in respect of an accident sustained by him to his left eye on 11th July 1913, or alternatively in respect of miner's nystagmus contracted by him while in the respondents’ employment at Allanton Colliery, or in respect of both accident and miner's nystagmus.
Proof was led before the Sheriff-Substitute ( Hay Shennan ), who refused to award compensation, and on 22nd October 1914 stated a Case for the opinion of the Court of Session.
The questions of law for the opinion of the Court were—“1. Was the arbiter right in holding that the onus of connecting the Page: 127 ↓
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