Devlin v. Chapel Coal Co., Ltd [1914] ScotLR 83 (10 November 1914)

Devlin v. Chapel Coal Co., Ltd [1914] ScotLR 83 (10 November 1914)

Where partial incapacity is found to be due in part to the accident, compensation cannot be ended or suspended solely because the workman failed to seek suitable employment; unreasonable conduct does not, by itself, bar statutory entitlement to compensation unless the incapacity is wholly due to such conduct and not the accident.

Citation
[1914] ScotLR 83
Parties
Appellant: Francis Devlin; Respondent: Chapel Coal Company, Limited
Jurisdiction
Scotland
Judgment Date
10 November 1914
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, Court of Session, First Division
Outcome
Appeal allowed; questions of law answered in the negative.
Legal Topics
Workmen's Compensation, Master and Servant, Review of Weekly Payment, Unreasonable Conduct, Suspensory Order
Labour Law Compensation Law Workmen's Compensation Master and Servant Review of Weekly Payment Unreasonable Conduct Suspensory Order

Case Brief

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Parties

Francis Devlin

Appellant

Chapel Coal Company, Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether compensation can be ended or suspended when partial incapacity is due in part to the workman's own conduct and in part to the accident.
  2. 2 Whether unreasonable conduct by the workman per se bars entitlement to compensation under the Workmen's Compensation Act 1906.

Ratio Decidendi

Where partial incapacity is found to be due in part to the accident, compensation cannot be ended or suspended solely because the workman failed to seek suitable employment; unreasonable conduct does not, by itself, bar statutory entitlement to compensation unless the incapacity is wholly due to such conduct and not the accident.

Court Disposition

Appeal allowed; questions of law answered in the negative.

Orders

  • Arbitrator must proceed to assess the compensation to which the appellant is entitled.