Hogan v Davis Estates Ltd

Judgment Date01 January 1942
Date01 January 1942
CourtSupreme Court
Davis Estates, Ltd.

-Incapacity of workman -Treatment of partial incapacity as total incapacity - Accident to workman employed as builder's carpenter - Building firms refusing to employ him owing to disability - Probability of obtaining work but for continuing effects of injury - Partial incapacity - Assessment of compensation - Substantial reduction in capacity to work - Whether sufficient material on which to make award -Evidence - Workman seeking employment -Whether statements made by prospective employers to workman as to the reason for notemploying him are admissible - Workmen's Compensation Act, 1934 (No. 9 of 1934), Third Schedule, s. 24.

  1. Sect. 24, sub-s. 1, of the Workmen's Compensation Act, 1934, provides: —"Subject to the provisions of this section if a workman, who has so far recovered from the injury as to be fit for employment of a certain kind, has failed to obtain employment and it appears to the Court either (a) that, having regard to all the circumstances, it is probable that the workman would, but for the continuing effects of the injury, be able to obtain work in the same grade in the same class of employment as before the accident; or (b) that his failure to obtain employment is a consequence, whether wholly or mainly, of the injury, the Court shall order that the workman's incapacity shall be treated as total incapacity resulting from the injury for such period, and subject to such conditions, as may be provided by the order, without prejudice, however, to the right of review conferred by this Act."A workman sustained an injury to his left knee by accident arising out of and in the course of his employment as a builder's carpenter. His pre-accident average weekly earnings in that employment were £4 7s. 4d., and he had also a limited knowledge of joinery work. He had so far recovered from the injury as to be fit for certain light work but was incapable of doing his usual work as a builder's carpenter. The Circuit Court Judge, who made a finding of partial incapacity, adjourned the workman's application for compensation for the production of further evidence to enable him to assess the compensation. Subsequently the workman made unsuccessful attempts to obtain work with several building firms but evidence sought to be given by him as to the reasons given by these firms for their refusal to employ him was objected to and held to be inadmissible. At a later hearing witnesses representing several building firms...

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