Arnott v. Fife Coal Co., Ltd [1912] ScotLR 902 (12 July 1912)

Arnott v. Fife Coal Co., Ltd [1912] ScotLR 902 (12 July 1912)

The arbiter's finding that the claimant's earning capacity was reduced to 18s. a week on account of his injuries is a question of fact, and the court cannot disturb it. The incapacity for work under the Act is measured by wage-earning capacity, not merely physical capacity. The medical referee's report did not establish complete recovery, and the claimant's reduced earning capacity was attributable to the accident.

Citation
[1912] ScotLR 902
Parties
Claimant/respondent: William Arnott; Appellants: Fife Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
12 July 1912
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Appeal to Court of Session Inner House, First Division
Outcome
appeal dismissed
Legal Topics
Workmen's Compensation, Master and Servant, Wage Earning Capacity, Medical Referee's Report, Finality of Arbiter's Findings
Labour Law Personal Injury Compensation Law Workmen's Compensation Master and Servant Wage Earning Capacity Medical Referee's Report Finality of Arbiter's Findings

Case Brief

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Parties

William Arnott

Claimant/respondent

Fife Coal Company, Limited

Appellants

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1906 / Appeal to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether the arbiter's finding on the claimant's wage-earning capacity is final and not subject to appellate interference
  2. 2 Whether the claimant's incapacity for work is to be measured by physical capacity or wage-earning capacity under the Workmen's Compensation Act 1906

Ratio Decidendi

The arbiter's finding that the claimant's earning capacity was reduced to 18s. a week on account of his injuries is a question of fact, and the court cannot disturb it. The incapacity for work under the Act is measured by wage-earning capacity, not merely physical capacity. The medical referee's report did not establish complete recovery, and the claimant's reduced earning capacity was attributable to the accident.

Court Disposition

appeal dismissed

Orders

  • The question of law answered in the affirmative: the arbiter was entitled to dismiss the application of the appellants.
  • The decision of the Sheriff-Substitute is affirmed.