Healy v Downing

• Jurisdiction: Ireland
• Judgment Date: 01 January 1938
• Date: 01 January 1938
• Court: Supreme Court

S. C., E.

Healy

and

Downing

Change of circumstances - Weekly payment diminished - Post-accident average weekly amount - "Earning or is able to earn in some suitable employment"- Onus of proof of earning capacity -Workmen's Compensation Act, 1934 (No. 9 of1934), s. 25 and Sch. III, r. 1.

In arriving at the post-accident average weekly amount which a workman is earning or is able to earn in some suitable employment or business after the accident, there must be some evidence upon which the Circuit Judge can compute that figure. Observations by Sullivan, C.J., and FitzGibbon, J., as to the onus of proof of a workman's...