Disability Certificate By A Non-Treating Doctor Cannot Defeat Compensation Claims Under The Employees' Compensation Act

Introduction

The Bombay High Court has recently clarified an important evidentiary aspect under the Employees' Compensation Act, 1923, holding that a compensation claim cannot be dismissed merely because the disability certificate was issued by a doctor who did not treat the injured workman. In Mahendra Sabharu Majhi v. M/s Mahalaxmi Enterprises & Anr.¹, the Court emphasized that the statute requires certification only from a "qualified medical practitioner", and does not mandate that such practitioner must necessarily be the treating doctor.

Setting aside the order of the Commissioner for Workmen's Compensation, the Court held that expert medical opinion based on examination of the claimant and supporting medical records cannot be discarded solely on the ground that the doctor was not involved in the original treatment. The decision reinforces the welfare-oriented objective of the Employees' Compensation Act and cautions against hyper-technical approaches that