Bryson v. J. Dunn & Stephen, Ltd [1905] ScotLR 43_236 (14 December 1905)

Bryson v. J. Dunn & Stephen, Ltd [1905] ScotLR 43_236 (14 December 1905)

There is no legal rule requiring reduction of compensation when a workman earns secondary wages, provided total compensation and wages do not exceed pre-accident earnings; the arbitrator's discretion is paramount within statutory limits.

Citation
[1905] ScotLR 43_236
Parties
Respondent: William Bryson; Appellant: J. Dunn & Stephen, Ltd.
Jurisdiction
Scotland
Judgment Date
14 December 1905
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1897 / Inner House, First Division, Court of Session
Outcome
Appeal dismissed; award of arbitrator affirmed.
Legal Topics
Workmen's Compensation, Partial Incapacity, Discretion of Arbitrator, Amount of Compensation
Employment Law Compensation Law Workmen's Compensation Partial Incapacity Discretion of Arbitrator Amount of Compensation

Case Brief

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Parties

William Bryson

Respondent

J. Dunn & Stephen, Ltd.

Appellant

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1897 / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether an employer is entitled to reduction of compensation when a workman is earning secondary wages but total compensation does not exceed pre-accident earnings
  2. 2 Scope of arbitrator's discretion under Workmen's Compensation Act 1897

Ratio Decidendi

There is no legal rule requiring reduction of compensation when a workman earns secondary wages, provided total compensation and wages do not exceed pre-accident earnings; the arbitrator's discretion is paramount within statutory limits.

Court Disposition

Appeal dismissed; award of arbitrator affirmed.

Orders

  • Dismiss the appeal
  • Affirm the award of the arbitrator