Keevans v. Mundy [1914] ScotLR 462 (17 March 1914)

Keevans v. Mundy [1914] ScotLR 462 (17 March 1914)

A workman who is offered suitable employment at the same wage as before the accident, for which he is fit, is not entitled to compensation during the period covered by the offer. The proper procedure is to record the memorandum of agreement and suspend further proceedings while the offer stands. Compensation is not payable when earning capacity is restored to pre-accident levels.

Citation
[1914] ScotLR 462
Parties
Claimant and Appellant: James Keevans; Respondent: John Mundy
Jurisdiction
Scotland
Judgment Date
17 March 1914
Procedural Posture
Application to Record Memorandum of Agreement Under Workmen's Compensation Act 1906 / Appeal From Sheriff Substitute to Court of Session Inner House
Outcome
Appeal allowed in part; proper procedure was to record the memorandum and suspend further proceedings. Compensation not payable during period when suitable employment at full wages was offered and refused.
Legal Topics
Workmen's Compensation, Master and Servant, Wage Earning Capacity, Recording Memorandum of Agreement, Refusal of Light Work
Employment Law Compensation Law Workmen's Compensation Master and Servant Wage Earning Capacity Recording Memorandum of Agreement Refusal of Light Work

Case Brief

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Parties

James Keevans

Claimant and Appellant

John Mundy

Respondent

Procedural Posture

Application to Record Memorandum of Agreement Under Workmen's Compensation Act 1906 / Appeal From Sheriff Substitute to Court of Session Inner House

Legal Issues

  1. 1 Whether a workman who refuses light work at the same wage as before the accident is entitled to compensation under the Workmen's Compensation Act 1906
  2. 2 Whether the memorandum of agreement should be recorded when the workman is offered suitable employment at full wages
  3. 3 Whether compensation should be ended or suspended when the workman is fit for light work at full wages

Ratio Decidendi

A workman who is offered suitable employment at the same wage as before the accident, for which he is fit, is not entitled to compensation during the period covered by the offer. The proper procedure is to record the memorandum of agreement and suspend further proceedings while the offer stands. Compensation is not payable when earning capacity is restored to pre-accident levels.

Court Disposition

Appeal allowed in part; proper procedure was to record the memorandum and suspend further proceedings. Compensation not payable during period when suitable employment at full wages was offered and refused.

Orders

  • Arbitrator to have ordered memorandum to be recorded as at 20th March 1913
  • Further procedure to be sisted (suspended) in respect of employer's offer