William Baird & Co., Ltd v. M'Whinnie [1908] ScotLR 338 (17 January 1908)

William Baird & Co., Ltd v. M'Whinnie [1908] ScotLR 338 (17 January 1908)

A workman cannot claim compensation under the Workmen's Compensation Act 1897 for periods when he is earning wages equal to or greater than his pre-accident average weekly earnings. The right to compensation subsists only during incapacity, and the employer's tender of the statutory difference satisfies the obligation. The agreement cannot be enforced to produce a result exceeding statutory entitlement.

Citation
[1908] ScotLR 338
Parties
Employer/complainer/respondent: William Baird & Company, Limited; Workman/charger/reclaimer/applicant: John M'Whinnie
Jurisdiction
Scotland
Judgment Date
17 January 1908
Procedural Posture
Suspension (appeal/reclaiming Motion) / Inner House, Second Division, Court of Session (appeal From Lord Ordinary)
Outcome
Appeal dismissed; interlocutor of Lord Ordinary affirmed; charge suspended simpliciter.
Legal Topics
Workmen's Compensation, Master and Servant, Statutory Interpretation, Suspension of Charge, Variation of Compensation Agreements
Labour Law Compensation Law Workmen's Compensation Master and Servant Statutory Interpretation Suspension of Charge Variation of Compensation Agreements

Case Brief

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Parties

William Baird & Company, Limited

Employer/complainer/respondent

John M'Whinnie

Workman/charger/reclaimer/applicant

Procedural Posture

Suspension (appeal/reclaiming Motion) / Inner House, Second Division, Court of Session (appeal From Lord Ordinary)

Legal Issues

  1. 1 Whether a workman can claim compensation under the Workmen's Compensation Act 1897 during periods when he is earning wages equal to or exceeding his pre-accident earnings.
  2. 2 Whether the employer is liable to pay compensation at the agreed rate when the workman is no longer totally incapacitated.
  3. 3 Whether the agreement for compensation can be enforced without variation by court or further agreement when circumstances change.

Ratio Decidendi

A workman cannot claim compensation under the Workmen's Compensation Act 1897 for periods when he is earning wages equal to or greater than his pre-accident average weekly earnings. The right to compensation subsists only during incapacity, and the employer's tender of the statutory difference satisfies the obligation. The agreement cannot be enforced to produce a result exceeding statutory entitlement.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary affirmed; charge suspended simpliciter.

Orders

  • Charge for compensation suspended simpliciter.
  • Employers entitled to expenses.