Nelson v. Kerr & Mitchell [1901] ScotLR 38_645 (08 June 1901)

Nelson v. Kerr & Mitchell [1901] ScotLR 38_645 (08 June 1901)

The average weekly earnings for compensation under the Workmen's Compensation Act 1897 must be calculated based on the actual earnings in the week where wages were earned, without deduction for unpaid assistance, even if the workman was employed for a longer period but earned wages in only one week.

Citation
[1901] ScotLR 38_645
Parties
Claimant/respondent: William Nelson; Appellants/employers: Kerr & Mitchell
Jurisdiction
Scotland
Judgment Date
08 June 1901
Procedural Posture
Appeal From Arbitration (sheriff Court) Under Workmen's Compensation Act 1897 / Court of Session Inner House, Second Division, Final Judgment
Outcome
Appeal dismissed; award of arbitrator affirmed.
Legal Topics
Workmen's Compensation, Calculation of Average Weekly Earnings, Deduction for Assistance, Statutory Interpretation
Labour Law Personal Injury Statutory Compensation Workmen's Compensation Calculation of Average Weekly Earnings Deduction for Assistance Statutory Interpretation

Case Brief

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Parties

William Nelson

Claimant/respondent

Kerr & Mitchell

Appellants/employers

Procedural Posture

Appeal From Arbitration (sheriff Court) Under Workmen's Compensation Act 1897 / Court of Session Inner House, Second Division, Final Judgment

Legal Issues

  1. 1 Whether deduction should be made from claimant's earnings for unpaid assistance by his son
  2. 2 Whether average weekly earnings should be calculated based on one week of actual earnings or averaged over two weeks of employment

Ratio Decidendi

The average weekly earnings for compensation under the Workmen's Compensation Act 1897 must be calculated based on the actual earnings in the week where wages were earned, without deduction for unpaid assistance, even if the workman was employed for a longer period but earned wages in only one week.

Court Disposition

Appeal dismissed; award of arbitrator affirmed.

Orders

  • Answer the first question of law in the negative (no deduction for son's assistance).
  • Find that the average weekly wage is 16s. 2d.