025-SLLR-SLLR-1987-2-SAMASU-v.-CEYLON-PETROLIUM-CORPORATION.pdf
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ocuiibu v.' K,eyf<jn rtnrureum l,orporaiion
SAMSU
v.
CEYLON PETROLEUM CORPORATION
COURT OF APPEAL.
ABEVWARDENE, J.
WORKMEN'S COMPENSATION 578.
CA 3/84.
JUNE 10. 1987.
Workmen's Compensation-Occupational disease-Occupational disease not listedwithin Schedule III of the Workmen's Compensation Ordinance.
Oil dermatitis is not an occupational disease listed in the Schedule of diseases listed inSchedule III of the Workmen's Compensation Ordinance. A workman employed as anoil tank gauger who suffered from oil dermatitis which caused him to lose his job owingto frequent absence from work cannot be awarded compensation as the particulardisease is not listed as an occupational disease in the said Schedule III.
APPEAL from order of Commissioner of Workmen's Compensation.
. S. Sinnathambo for appellant.
S. J. Mohideen for respondent.
June 10, 1987.
ABEYWARDENE, J.
The applicant-appellant made an application to the Commissioner ofWorkmen's Compensation alleging that he had been in the service ofthe respondent-respondent from 1962-1978, and that during aperiod of time when he was in service as an oil tank gauger attached tothe Ceylon Petroleum Corporation he contacted an occupationaldisease and he claimed compensation. According to the evidence led,he has been suffering from an ailment of the skin from 1964. Duringthe course of inquiry evidence of the medical officer was recorded.According to Dr. Malik Fernando the specialist who examined theappellant the best medical opinion regarding the skin ailment shouldhave been obtained from those medical officers who had examinedthe appellant at the early stages of the ailment. This specialist wasunable to conclusively state that the ailment the applicant-appellant
was suffering from was oil dermatitis. However he stated that the besttest in order to diagnose this appellant's desease was by a patch testwhich had not been done by him. There was also another opinionexpressed by the medical officer who gave evidence. He stated thatthe skin ailment could be caused by nitrogen acid. The appellant hashad allergic rashes for a long period of time, prior to the appellant’sappointment in the service of the respondent as an oil tank gauger.Appellant was first appointed as a clerk-typist in 1936 before he wasmade an oil gauger. The illness has made him to be constantly awayfrom work and finally as he has not reported for some time to work hisservices have been terminated. This is an application forcompensation on the ground of wrongful dismissal and forcompensation under the Workmen's Compensation Act.
Even if there is evidence to prove that appellant was suffering fromoil dermatitis yet that illness does not come within the category of theoccupational diseases within amended Schedule III of the Workmen'sCompensation Ordinance.
For this reason I am in agreement with the findings of the learnedCommissioner. I affirm his order and dismiss the appeal without costs.
Appeal dismissed.