Date: Thu, 12 Oct 2006 13:28:51 -0400

From: Jason Neyers

Subject: Employer's claim for injury to employee

I post for Ken Oliphant:

Let's get this right:

1. Employer A requires its employee to go to Dr X for treatment, as it has the power to do under the contract of employment. Dr X owes the employer no duty of care (WBA v El-Safty).

2. Employer B requires its job applicants to undergo health screening by Dr Y. Dr Y owes them no duty of care (Kapfunde v Abbey National).

????

(Was it crucial in (2) that the Dr never met the applicant face-to-face?)

Ken

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