Vickers, Son, and Maxim v Evans: HL 16 Jun 1910

The Workmen’s Compensation Act 1906, by Sched. I, sec. 16, provides that in a review of a weekly payment ‘where the workman was at the date of the accident under twenty-one years of age and the review takes place more than twelve months after the accident, the amount of the weekly payment may be increased to any amount not exceeding fifty per cent. of the weekly sum which the workman would probably have been earning at the date of the review if he had remained uninjured, but not in any case exceeding one pound.’
Held that the amount of the probable earnings must be estimated by the arbiter in the exercise of his discretion, and need not be restricted to earnings which the workman would have obtained had he continued under the same employer.

Judges:

Lord Chancellor (Loreburn), Lords Macnaghten, James of Hereford, and Collins

Citations:

[1910] UKHL 697, 48 SLR 697

Links:

Bailii

Statutes:

Workmen’s Compensation Act 1906

Jurisdiction:

England and Wales

Personal Injury

Updated: 06 April 2022; Ref: scu.619796