§ Mr. CLYNESasked the Home Secretary whether his attention has been called to the fact that a workman who is certified to be disabled from following his 1074 employment through an industrial disease scheduled in the Compensation Act, and who is medically advised to submit to amputation of limb because of suffering from such disease, is disqualified from the benefits of the Compensation Act unless the disease was contracted in an occupation named in the table of trades in the schedule of the Act; and, if so, whether he can take any step which will provide for a compensation claim being effectively made when a disease named in the schedule is contracted?
§ Mr. CHURCHILLThe hon. Member is under a misapprehension. The right to compensation in respect of industrial disease is not limited to persons employed in the processes or occupations mentioned in the second column of Schedule III. to the Workmen's Compensation Act and of the Orders made thereunder. Any workman, whatever his occupation, who is suffering from any industrial disease mentioned in the first column is entitled to compensation, if the disease is due to the nature of his employment. The second column only relates to the question of proof, i.e., in the case of workers engaged in the processes or occupations mentioned therein it is assumed that the disease is due to the nature of the employment, unless the certifying surgeon certifies or the employer proves the contrary; in the case of workers engaged in other processes or occupations it rests with the worker to prove that the disease was due to the nature of the employment.