HC Deb 12 July 1928 vol 219 cc2460-2
14. Miss LAWRENCE

asked the Home Secretary if his attention has been drawn to the case of Reginald Aubrey Wild, who contracted lead poisoning while working for Messrs. Locke, Lancaster, and W. W. and R. Johnson and Sons, Limited, of Millwall; whether he is aware that on application to the certifying surgeon for a certificate the same was refused, the certifying surgeon being the same doctor that was in the service of the employers; that the medical referee for the district, who formerly was the employer's doctor, has given a decision that the man is suffering from lead poisoning, but that he is not disabled; and whether, seeing that Mr. Wild was an in-patient in the London Hospital, suffering from lead poisoning, from 20th April until 14th May, after receiving a week's notice on 15th April, he will arrange for the man to be examined by a medical referee attached to another district as, until he is certified, no claim can be made for compensation?

Sir W. JOYNSON-HICKS

The decision of the medical referee under the Act is final and I have no power to intervene in the manner suggested. I am, moreover, satisfied on inquiry that this case has been most carefully and conscientiously dealt with both by the certifying surgeon and by the medical referee, and I strongly deprecate the implication that these gentlemen, both of whom are medical practitioners of high standing, may have been influenced in carrying out their statutory duties by their connection with these works. The certifying surgeon is responsible in his official capacity for the periodic examination of workers employed in lead processes under the Lead Compounds Regulations; he also, I understand, periodically examines the other workers and examines workmen newly employed, but has no other interest in the firm. The medical referee used to carry out some three years ago the periodic examinations required by the Regulations, but he did this under special appointment from the Chief Inspector or Factories, and he was not, I am informed, otherwise engaged by the firm.

Miss LAWRENCE

In view of the fact that the medical referee for the district did not confirm the decision of the certifying surgeon and that the certifying surgeon is employed in the manner detailed in the question, does not the right hon. Gentleman think that some further inquiries should be made?

Sir W. JOYNSON-HICKS

I was afraid that the House would think the answer rather too long. I have made a very careful inquiry into the position of both these medical gentlemen, and their connection with the firm is very slight, as I explained to the hon. Member, and really, so far as the actual certificate of the medical referee is concerned, under the Act, that is final, and I have no power to intervene.

Mr. T. WILLIAMS

Is the right hon. Gentleman aware that injured workmen practically all over the country have little or no confidence in certifying surgeons who are receiving large fees from employers and then acting for those same employers?

Sir W. JOYNSON-HICKS

In this case, the suggestion cannot possibly be made. There is no question of a large fee being received from employers. As far as the general statement made by the hon. Member is concerned, I really think that I must ask him to let me have at least a few of the details of these cases, and then I will go into the matter at once, as he has made a very serious charge.

Miss LAWRENCE

I want to ask the right hon. Gentleman whether he has considered the conflicting medical opinions in this case, and whether, in view of the conflict of medical evidence, it is not possible to arrange for another examination. The first doctor said that the man had lead poisoning, the second doctor said that he had lead poisoning but was not disabled, and the third doctor, an independent doctor at the hospital, certified him as actually sound. In view of that conflict of medical opinion, cannot the right hon. Gentleman have another examination?

Sir W. JOYNSON-HICKS

I will tell the hon. Member what I will do. I will get into communication with the third doctor, who, she says, is independent, and ask him to let me have a report on the case.