A stoker was injured by accident while in the appellants’ employment. At the same time he was a member of the Royal Naval Reserve and in receipt of an annual retainer of pounds 6. In consequence of the accident he was discharged from that service and lost the retainer. In assessing the amount of compensation the County Court Judge took into account the amount of the stoker’s retainer paid to him by the Royal Naval Reserve. This finding was affirmed by the Court of Appeal ( Cozens-Hardy, M.R., and Fletcher Moulton, L.J., diss. Farwell, L.J.). The employers appealed.
Held: In assessing the amount of the weekly compensation payable by the appellants, the amount of the stoker’s earnings from the Royal Naval Reserve must be taken into account, and that section 9 of the Act only operated to prevent liability upon the Crown in respect of persons in its naval or military service.
Judges:
Lord Chancellor (Loreburn), Lords Atkinson, Shaw, and Robson
Citations:
[1911] UKHL 625, 49 SLR 625
Links:
Statutes:
Workmen’s Compensation Act 1906
Jurisdiction:
England and Wales
Transport, Personal Injury
Updated: 25 April 2022; Ref: scu.619204
