W. G., a workman, met with a fatal accident in the course of his work on 14th September 1914. In the preceding three years during which he had been employed by the respondents he had been absent 163 days. The respondents claimed to fix the amount of compensation due at the wages actually paid during these three years, pounds 168, 13s. 5d. The appellant claimed pounds 212, 11s., the amount W. G. would have earned had he worked continuously at his average weekly wage.
Held that compensation should be awarded upon the basis of the average weekly wage during the three years preceding the accident.
Decision of the Court of Appeal ( 1915, 3 K.B. 97) reversed.
Judges:
Earl Loreburn, Lords Kinnear, Shaw, and Parmoor
Citations:
[1916] UKHL 427, 54 SLR 427
Links:
Statutes:
Workmen’s Compensation Act 1906
Jurisdiction:
England and Wales
Personal Injury
Updated: 14 July 2022; Ref: scu.630693