Carlin v. Alexander Stephen & Sons, Ltd [1911] ScotLR 862 (09 June 1911)

Carlin v. Alexander Stephen & Sons, Ltd [1911] ScotLR 862 (09 June 1911)

The arbitrator was justified in diminishing compensation based on findings that the appellant was no longer totally incapacitated, was able to perform light work, and had been offered such work by the employer, even without a finding of specific earning capacity.

Citation
[1911] ScotLR 862
Parties
Appellant: Hugh Carlin; Respondent: Alexander Stephen & Sons, Limited
Jurisdiction
Scotland
Judgment Date
09 June 1911
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, Second Division, Court of Session
Outcome
Appeal dismissed; arbitrator's decision sustained.
Legal Topics
Workmen's Compensation, Review of Weekly Payment, Partial Incapacity, Employer's Offer of Light Work
Labour Law Compensation Law Workmen's Compensation Review of Weekly Payment Partial Incapacity Employer's Offer of Light Work

Case Brief

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Parties

Hugh Carlin

Appellant

Alexander Stephen & Sons, Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether compensation can be diminished without a finding that the workman is able to earn a specific weekly wage at suitable employment
  2. 2 Whether the arbitrator was entitled to consider a minute lodged after proof and debate
  3. 3 Whether an offer of light work justifies reduction of compensation

Ratio Decidendi

The arbitrator was justified in diminishing compensation based on findings that the appellant was no longer totally incapacitated, was able to perform light work, and had been offered such work by the employer, even without a finding of specific earning capacity.

Court Disposition

Appeal dismissed; arbitrator's decision sustained.

Orders

  • Weekly compensation to appellant reduced from 12s. to 8s. per week from date of judgment until further orders of Court.