Rosie v. Mackay [1910] ScotLR 654 (03 June 1910)

It is incompetent under the Workmen's Compensation Act 1897 to make a nominal award solely to keep the question of compensation open when the medical evidence shows current capacity for ordinary work; compensation must be terminated unless evidence is tendered showing diminished wage-earning capacity.

Citation: [1910] ScotLR 654
Parties: Appellant: Rosie; Respondent: Mackay
Jurisdiction: Scotland
Judgment Date: 03 June 1910
Procedural Posture: Application for Review of Weekly Payment Under Workmen's Compensation Act 1897 / Appeal From Sheriff Court, Heard Before Court of Session Inner House, Second Division, Seven Judges
Outcome: Compensation terminated; application for review dismissed.
Legal Topics: Workmen's Compensation, Review of Weekly Payment, Nominal Award, Statutory Interpretation

Employment Law Statutory Compensation Workmen's Compensation Review of Weekly Payment Nominal Award Statutory Interpretation

Case Brief

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Parties

Rosie

Appellant

Mackay

Respondent

Procedural Posture

Application for Review of Weekly Payment Under Workmen's Compensation Act 1897 / Appeal From Sheriff Court, Heard Before Court of Session Inner House, Second Division, Seven Judges

Legal Issues

1 Is it competent to make a nominal award to keep compensation open under the Workmen's Compensation Act 1897?
2 Was the Sheriff entitled to find partial incapacity and award a weekly payment based solely on medical referee's report?

Ratio Decidendi

Court Disposition

Compensation terminated; application for review dismissed.

Orders

Remit to arbitrator to find and declare applicant's right to compensation has come to an end.
Dismiss application for review.