(Trinidad and Tobago) ‘from the time of his accident, it was known that the appellant would be permanently disabled. So he was going, ultimately, to be paid a lump sum calculated in accordance with section 5(1)(c)(ii) and (2). As at 3 April 1998, however, the degree of his permanent disability had not been finally determined. So the lump sum could not be calculated and he was still receiving weekly payments. Therefore, as of that date, Petroleum had not discharged their obligation to pay the appellant the appropriate lump sum under the statute. In those circumstances he had not received the ‘compensation payable to him under this Act’ and so the one-year time-bar in section 4(3) did not apply to him. The present proceedings were raised in time.’
Lord Nicholls of Birkenhead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Sir Andrew Leggatt
[2005] ukpc 34
Bailii
England and Wales
Updated: 28 June 2021; Ref: scu.229325