Beath & Kay v. Ness [1903] ScotLR 41_113 (28 November 1903)

Beath & Kay v. Ness [1903] ScotLR 41_113 (28 November 1903)

A workman who, after obtaining a decree for compensation under the Workmen's Compensation Act 1897, is re-employed by the same employer at full pre-accident wages, is precluded from claiming compensation for the period during which he receives such wages, even if the employer has not taken statutory steps to review the award. The receipt of full wages is inconsistent with incapacity, and the workman cannot enforce the decree for compensation concurrently with full wage employment by the same employer.

Citation
[1903] ScotLR 41_113
Parties
Complainers and Reclaimers (employers): Beath & Kay; Respondent (workman): Richard Ness
Jurisdiction
Scotland
Judgment Date
28 November 1903
Procedural Posture
Suspension of Charge (civil Appeal) / Inner House, Second Division, Appeal From Lord Ordinary
Outcome
appeal allowed; interlocutor of Lord Ordinary recalled; charge suspended
Legal Topics
Workmen's Compensation, Master and Servant, Effect of Receipt of Full Wages on Compensation, Review of Compensation Awards
Employment Law Compensation Law Workmen's Compensation Master and Servant Effect of Receipt of Full Wages on Compensation Review of Compensation Awards

Case Brief

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Parties

Beath & Kay

Complainers and Reclaimers (employers)

Richard Ness

Respondent (workman)

Procedural Posture

Suspension of Charge (civil Appeal) / Inner House, Second Division, Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether a workman who has obtained a decree for weekly compensation under the Workmen's Compensation Act 1897 can claim such compensation for periods during which he is re-employed by the same employer at full pre-accident wages, absent a statutory review or express agreement.

Ratio Decidendi

A workman who, after obtaining a decree for compensation under the Workmen's Compensation Act 1897, is re-employed by the same employer at full pre-accident wages, is precluded from claiming compensation for the period during which he receives such wages, even if the employer has not taken statutory steps to review the award. The receipt of full wages is inconsistent with incapacity, and the workman cannot enforce the decree for compensation concurrently with full wage employment by the same employer.

Court Disposition

appeal allowed; interlocutor of Lord Ordinary recalled; charge suspended

Orders

  • The interlocutor of the Lord Ordinary is recalled.
  • The charge for payment of compensation is suspended.