An employee of the Crown at the Dublin Central Criminal Asylum received an injury by an accident in the course of his employment which incapacitated him for life. He was accordingly retired upon a pension and paid a gratuity.
In his subsequent claim under the Workmen’s Compensation Act 1906 he claimed that these payments should be disregarded in assessing the compensation due to him.
Held that both pension and gratuity were a ‘payment, allowance, or benefit’ under Schedule I (3) of the Act, and should be taken into account in fixing the amount of weekly compensation.
Decision of the Court of Appeal in Ireland ( 1916, 2 Ir. R. 193) reversed
Judges:
Lord Chancellor (Lord Buckmaster), Earl Loreburn, Lords Atkinson and Shaw
Citations:
[1916] UKHL 406, 54 SLR 406
Links:
Statutes:
Workmen’s Compensation Act 1906
Jurisdiction:
England and Wales
Personal Injury
Updated: 14 July 2022; Ref: scu.630680
