Industrial diseases.—Where the certifying surgeon under the Factory and Workshop Act, 1901, certifies that the workman is suffering from a disease in the schedule to the Act and is disabled from earning full wages or is suspended under that Act on account of such disease or dies from such disease, the disease being due to the nature of the employment worked at within twelve months before the disablement or suspension, whether under one or more employers, he and his dependants can get compensation as if it were an accident arising out of and in the course of that employment. But (1) the disablement or suspension is to be treated as the happening of the accident ; (2) if the workman at the time of engagement wilfully and falsely represented in writing that he had not previously suffered from the disease no compensation will be payable ; (8) the compensation shall be recoverable from the last employer during the twelve months in the employment to the nature of which the disease was due, provided ' ‘ the claimant shall if required give to the employer the names and ..- , addresses of all yevious employers during the twelve months as far as he can ; if this is not furni lied or is insufficient to enable the employer to take pro ceedings, the employer, upon proving that the disease was not contracted in his employment, is not liable to pay, compensation ; (h) if the employer alleges the disease was contracted in the employ of another, he can join that employer in the Arbitration, and, upon proving this, the other employer is the person liable ; (c) if the disease is one of gradual development all other employers within the twelve months are to contribute as settled by agreement or under the Arbitration; (4) the amount is to be calculated upon the wages earned by the workman under the employer who has to pay compensation ; (5) the notice of death, disablement, or suspension is to be given to the last employer during the twelve months in the class of employment causing the disease, even though the workman has voluntarily left his employment ; (6) if dissatisfied with the certifying doctor's certificate, the workman can appeal to the medical referee appointed under regulations of the Secretary of State, and his decision ir, final. Where the workman was employed immediately before the disable
ment in a rrocess given in the schedule of diseases and the corresponding disease. is die result, the disease is to be taken as the result of such process unless the surgeon certifies or the employer proves that it is not the cause of such disease. The date of disablement is to be certified by the surgeon, or, if he 'is unable to fix this, the date of the certificate is taken. But (1) where the medical referee allows an appeal, he must certify the date of disablement ; (2) where the workman dies without having obtained a certificate of disablement or is not then in receipt of a weekly payment on account of disablement, the date shall be the date of his death. The Secretary of State may extend these provisions to other diseases and other processes, not being injuries by accident, and with or without modifications. Where in an inquiry it appears a majority of the employers in an industry are insured in a mutual trade insurance company for insuring against the risks in this section, he may by Provisional Order require all the employers in that industry to insure therein upon conditions set forth in the Order. Where the company is confined to employers in a particular locality or to a particular class, he may treat this class as a separate industry. The Provisional Order has to be confirmed by Parliament, and a Petitioner against the Order can appear against the Bill confirming such Order, as in the case of Private Bills. Nothing in these provisions as to industrial diseases is to affect the rights of a workman to obtain compensation in respect of a disease which is a personal injury by accident within the meaning of the Act.