Murray v. Portland Colliery Co., Ltd [1922] ScotLR 56 (01 November 1922)

Murray v. Portland Colliery Co., Ltd [1922] ScotLR 56 (01 November 1922)

A workman's right to compensation for partial incapacity under the Workmen's Compensation Act 1906 is not terminated by a period of unemployment caused by economic conditions if the incapacity from injury continues; the arbitrator must assess compensation with regard to both the physical incapacity and the state of the labour market, but the right to compensation persists.

Citation
[1922] ScotLR 56
Parties
Pursuer and Appellant: John Murray; Defenders and Appellants: Portland Colliery Company, Limited
Jurisdiction
Scotland
Judgment Date
01 November 1922
Procedural Posture
Appeal From Arbitration (sheriff Court) / Inner House, Second Division, Court of Session
Outcome
Appeal allowed; case remitted to arbitrator for assessment of compensation.
Legal Topics
Workmen's Compensation, Partial Incapacity, Effect of Labour Market on Compensation, Supervening Causes and Compensation
Labour Law Compensation Law Workmen's Compensation Partial Incapacity Effect of Labour Market on Compensation Supervening Causes and Compensation

Case Brief

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Parties

John Murray

Pursuer and Appellant

Portland Colliery Company, Limited

Defenders and Appellants

Procedural Posture

Appeal From Arbitration (sheriff Court) / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 Whether a period of unemployment due to economic causes terminates a workman's right to compensation for partial incapacity under the Workmen's Compensation Act 1906.
  2. 2 Whether the arbitrator was entitled to refuse compensation in the present circumstances.

Ratio Decidendi

A workman's right to compensation for partial incapacity under the Workmen's Compensation Act 1906 is not terminated by a period of unemployment caused by economic conditions if the incapacity from injury continues; the arbitrator must assess compensation with regard to both the physical incapacity and the state of the labour market, but the right to compensation persists.

Court Disposition

Appeal allowed; case remitted to arbitrator for assessment of compensation.

Orders

  • First question (whether compensation could be refused in hoc statu) answered in the negative.
  • Other questions found unnecessary to answer.