John Watson, Ltd v. Quinn [1916] ScotLR 97 (18 November 1916)

John Watson, Ltd v. Quinn [1916] ScotLR 97 (18 November 1916)

The arbitrator's discretion to increase compensation under the Workmen's Compensation Act 1906 is not precluded by the minor workman having attained full earning capacity at the date of accident; compensation may be increased if the arbitrator considers it proper, having regard to the probable earnings at the date...

Source-derived case information.

Citation
[1916] ScotLR 97
Parties
Appellant: John Watson, Limited; Respondent: Michael Quinn
Jurisdiction
Scotland
Judgment Date
18 November 1916
Procedural Posture
Appeal / Remit to Arbitrator for Reconsideration
Outcome
award recalled; case remitted to arbitrator for reconsideration
Legal Topics
Workmen's Compensation, Minor Workman, Review of Compensation, Discretion of Arbitrator
Employment Law Compensation Law Workmen's Compensation Minor Workman Review of Compensation Discretion of Arbitrator

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Summary, issues, holding and outcome

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Parties

John Watson, Limited

Appellant

Michael Quinn

Respondent

Procedural Posture

Appeal / Remit to Arbitrator for Reconsideration

Legal Issues

  1. 1 Whether an arbitrator may increase compensation for a minor workman who had attained full earning capacity at the date of accident, based on subsequent rise in wages
  2. 2 Whether the arbitrator's discretion is fettered by the fact of full earning capacity at the time of accident

Ratio Decidendi

The arbitrator's discretion to increase compensation under the Workmen's Compensation Act 1906 is not precluded by the minor workman having attained full earning capacity at the date of accident; compensation may be increased if the arbitrator considers it proper, having regard to the probable earnings at the date of review.

Court Disposition

award recalled; case remitted to arbitrator for reconsideration

Orders

  • Answer the question of law in the affirmative
  • Recall the arbitrator's award of compensation of 16th September 1916