Dempsey v. Caldwell & Co., Ltd [1913] ScotLR 16 (21 October 1913)

Dempsey v. Caldwell & Co., Ltd [1913] ScotLR 16 (21 October 1913)

The Court held that, in cases of permanent injury, it is competent and proper for the arbiter to suspend rather than permanently end compensation, to allow for the possibility of future incapacity arising from changes in the labour market. The arbiter failed to consider this, so the case must be remitted for reconsideration.

Citation
[1913] ScotLR 16
Parties
Claimant: James Dempsey; Respondent: Caldwell & Company, Limited
Jurisdiction
Scotland
Judgment Date
21 October 1913
Procedural Posture
Workmen's Compensation Arbitration Appeal / Appeal From Sheriff Substitute to Court of Session Inner House, First Division
Outcome
Sheriff-Substitute's determination recalled; case remitted for reconsideration of whether compensation should be ended or suspended.
Legal Topics
Workmen's Compensation, Permanent Injury, Suspensory Orders, Termination of Compensation, Labour Market Conditions
Labour Law Personal Injury Compensation Law Workmen's Compensation Permanent Injury Suspensory Orders Termination of Compensation Labour Market Conditions

Case Brief

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Parties

James Dempsey

Claimant

Caldwell & Company, Limited

Respondent

Procedural Posture

Workmen's Compensation Arbitration Appeal / Appeal From Sheriff Substitute to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether the arbiter was entitled to permanently end the claimant's right to compensation after finding no current incapacity
  2. 2 Whether a suspensory order (temporary suspension of compensation) is a competent and proper form of process under the Workmen's Compensation Act 1906

Ratio Decidendi

The Court held that, in cases of permanent injury, it is competent and proper for the arbiter to suspend rather than permanently end compensation, to allow for the possibility of future incapacity arising from changes in the labour market. The arbiter failed to consider this, so the case must be remitted for reconsideration.

Court Disposition

Sheriff-Substitute's determination recalled; case remitted for reconsideration of whether compensation should be ended or suspended.

Orders

  • Recall the determination of the Sheriff-Substitute as arbitrator appealed against.
  • Remit to the Sheriff-Substitute to consider and decide whether the ending of the payment of compensation should be permanent or temporary, in view of the finding of permanent injury.