James Nimmo & Co., Ltd. v. Fisher [1907] ScotLR 641 (14 May 1907)

James Nimmo & Co., Ltd. v. Fisher [1907] ScotLR 641 (14 May 1907)

A workman who returns to work and earns wages admits that total incapacity has ceased and cannot claim compensation for total incapacity for that period. Compensation is only due for actual incapacity, and the employer's offer to pay the deficiency between actual and pre-accident earnings satisfies the statutory obligation.

Citation
[1907] ScotLR 641
Parties
Complainer (employer): James Nimmo & Company, Limited; Respondent (workman): Alexander Fisher
Jurisdiction
Scotland
Judgment Date
14 May 1907
Procedural Posture
Suspension of Charge (workmen's Compensation) / Inner House, Second Division, Reclaiming Motion (appeal)
Outcome
Charge suspended; interlocutor of Lord Ordinary affirmed with variation; expenses awarded to complainers.
Legal Topics
Workmen's Compensation, Variation of Compensation, Effect of Return to Work, Suspension of Charge, Personal Bar
Employment Law Compensation Law Workmen's Compensation Variation of Compensation Effect of Return to Work Suspension of Charge Personal Bar

Case Brief

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Parties

James Nimmo & Company, Limited

Complainer (employer)

Alexander Fisher

Respondent (workman)

Procedural Posture

Suspension of Charge (workmen's Compensation) / Inner House, Second Division, Reclaiming Motion (appeal)

Legal Issues

  1. 1 Whether a workman who returns to work and earns wages can claim compensation for total incapacity for the same period under a registered agreement.
  2. 2 Whether the employer's offer to pay the deficiency between actual earnings and pre-accident average wage satisfies compensation obligations under the Workmen's Compensation Act 1897.

Ratio Decidendi

A workman who returns to work and earns wages admits that total incapacity has ceased and cannot claim compensation for total incapacity for that period. Compensation is only due for actual incapacity, and the employer's offer to pay the deficiency between actual and pre-accident earnings satisfies the statutory obligation.

Court Disposition

Charge suspended; interlocutor of Lord Ordinary affirmed with variation; expenses awarded to complainers.

Orders

  • Suspends the charge for payment of compensation simpliciter.
  • Finds complainers entitled to expenses.