Freeland v. Macfarlane, Lang, & Co. [1900] ScotLR 37_599 (20 March 1900)

Freeland v. Macfarlane, Lang, & Co. [1900] ScotLR 37_599 (20 March 1900)

A workman whose earning capacity is diminished by accident is entitled to compensation under the Workmen's Compensation Act 1897, even if he continues to receive the same or higher wages, as the statutory test is earning capacity, not actual wages. The Sheriff-Substitute should consider whether post-accident wages reflect true earning capacity or include gratuity, and the case should not be dismissed outright but kept open for future review if earning capacity is later affected.

Citation
[1900] ScotLR 37_599
Parties
Appellant: Robert Freeland junior; Respondent: Macfarlane, Lang, & Company
Jurisdiction
Scotland
Judgment Date
20 March 1900
Procedural Posture
Appeal / Judgment on Appeal From Sheriff Substitute
Outcome
Case remitted to Sheriff-Substitute; application not dismissed; appellant entitled to expenses of the stated case.
Legal Topics
Workmen's Compensation, Estimation of Compensation, Earning Capacity, Partial Disablement
Labour Law Tort Law Workmen's Compensation Estimation of Compensation Earning Capacity Partial Disablement

Case Brief

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Parties

Robert Freeland junior

Appellant

Macfarlane, Lang, & Company

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Sheriff Substitute

Legal Issues

  1. 1 Whether a workman whose earning capacity is diminished by accident but who continues to receive the same or higher wages is entitled to compensation under the Workmen's Compensation Act 1897
  2. 2 Whether the application for compensation was properly dismissed where no present wage reduction was shown

Ratio Decidendi

A workman whose earning capacity is diminished by accident is entitled to compensation under the Workmen's Compensation Act 1897, even if he continues to receive the same or higher wages, as the statutory test is earning capacity, not actual wages. The Sheriff-Substitute should consider whether post-accident wages reflect true earning capacity or include gratuity, and the case should not be dismissed outright but kept open for future review if earning capacity is later affected.

Court Disposition

Case remitted to Sheriff-Substitute; application not dismissed; appellant entitled to expenses of the stated case.

Orders

  • Answer question 1: The fact that the weekly wage presently earned is not less than before the accident does not necessarily preclude a claim under the Act.
  • Answer question 2: Application for compensation was not properly dismissed.