John Watson Ltd v. Quinn [1922] ScotLR 1 (25 October 1922)

John Watson Ltd v. Quinn [1922] ScotLR 1 (25 October 1922)

A general fall in wages does not, by itself, entitle a claimant to review of compensation. However, where incapacity persists and the statutory bar to compensation is removed by a fall in wages, the arbitrator is entitled to award compensation. The arbitrator is not bound to assess earning capacity over the entire period of high wages but may exercise discretion in selecting a reasonable period for assessment.

Citation
[1922] ScotLR 1
Parties
Appellant: John Watson Limited; Respondent: Michael Quinn
Jurisdiction
Scotland
Judgment Date
25 October 1922
Procedural Posture
Appeal From Arbitration (workmen's Compensation) / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Workmen's Compensation, Partial Incapacity, Assessment of Earning Capacity, Review of Compensation Awards
Labour Law Compensation Law Workmen's Compensation Partial Incapacity Assessment of Earning Capacity Review of Compensation Awards

Case Brief

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Parties

John Watson Limited

Appellant

Michael Quinn

Respondent

Procedural Posture

Appeal From Arbitration (workmen's Compensation) / Judgment on Appeal

Legal Issues

  1. 1 Whether a general fall in wages entitles a claimant to review of compensation under the Workmen's Compensation Act 1906.
  2. 2 Whether the arbitrator was bound to assess earning capacity over the entire period of high wages or could exercise discretion in selecting the relevant period.

Ratio Decidendi

A general fall in wages does not, by itself, entitle a claimant to review of compensation. However, where incapacity persists and the statutory bar to compensation is removed by a fall in wages, the arbitrator is entitled to award compensation. The arbitrator is not bound to assess earning capacity over the entire period of high wages but may exercise discretion in selecting a reasonable period for assessment.

Court Disposition

appeal dismissed

Orders

  • The appeal is refused.
  • The arbitrator's award of compensation at 9s. per week from 31 October 1921 is affirmed.