James Nimmo & Co., Ltd v. Myles [1917] ScotLR 465 (30 May 1917)

James Nimmo & Co., Ltd v. Myles [1917] ScotLR 465 (30 May 1917)

A workman's entitlement to compensation under the Workmen's Compensation Act for partial incapacity is determined by reference to average weekly earnings, not a single week's earnings. The employer cannot suspend a charge for compensation solely because, in one week, the workman's earnings plus compensation exceed his pre-accident wage, where the overall average does not exceed the statutory limit.

Citation
[1917] ScotLR 465
Parties
Pursuer: James Nimmo & Company, Limited; Defender: Matthew Myles
Jurisdiction
Scotland
Judgment Date
30 May 1917
Procedural Posture
Civil Appeal (workmen's Compensation) / Inner House, Second Division, Court of Session (appeal From Sheriff Court)
Outcome
Appeal allowed; interlocutor of the Sheriff recalled; judgment of the Sheriff-Substitute (except as to the fourth plea-in-law) affirmed.
Legal Topics
Workmen's Compensation, Partial Incapacity, Suspension of Charge, Average Weekly Earnings, Statutory Interpretation
Employment Law Compensation Law Workmen's Compensation Partial Incapacity Suspension of Charge Average Weekly Earnings Statutory Interpretation

Case Brief

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Parties

James Nimmo & Company, Limited

Pursuer

Matthew Myles

Defender

Procedural Posture

Civil Appeal (workmen's Compensation) / Inner House, Second Division, Court of Session (appeal From Sheriff Court)

Legal Issues

  1. 1 Whether a workman receiving partial incapacity compensation can charge for the full weekly compensation in a week where his earnings plus compensation exceed his pre-accident average weekly wage.
  2. 2 Whether suspension of a charge is competent in such circumstances.

Ratio Decidendi

A workman's entitlement to compensation under the Workmen's Compensation Act for partial incapacity is determined by reference to average weekly earnings, not a single week's earnings. The employer cannot suspend a charge for compensation solely because, in one week, the workman's earnings plus compensation exceed his pre-accident wage, where the overall average does not exceed the statutory limit.

Court Disposition

Appeal allowed; interlocutor of the Sheriff recalled; judgment of the Sheriff-Substitute (except as to the fourth plea-in-law) affirmed.

Orders

  • Suspension refused; charge by workman for compensation upheld.
  • No need to deal with the fourth plea-in-law.