Assessment of Earning Capacity, Third Edition

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He took the help of another Doctor and subsequently went to the Civil Hospital at Jorhat; since he was not cured even there, he went to the Dibrugarh hospital. He says that in spite of all his attempts, he has become permanently crippled in that leg. Two other witnesses, Hari Ram and Bhaku Ram have also supported him on the point. They both say that it was at the instance of the manager of the mill that Abdul Mistry was removed on the fourth day from the Mission hospital.

Bhaku says that he was not cured till then. Another Doctor, Dr.

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Mahendra Nath Sarma, an Assistant Surgeon of the Civil Hospital Jorhat , proves that Abdul Rasid was admitted in the hospital on , for old fracture of the neck of the femur. He was discharged from the hospital on It was a case of both callous formation and deformed fracture. It was a permanent injury and according to this Doctor, a man having such an injury would not be able to walk normally though he could do his work, if he could work sitting. The Doctor admits that such cases may be cured completely; but the fact remains that in this case it was not cured. Another retired Sub-Assistant Surgeon, Dr.

Hazarika, also proves that he was called one day in the middle of May , for treatment of Abdul Rasid and he directed him to go to Dibrugarh immediately for prompt treatment. It is, therefore, obvious that it was not due to any fault of the workman that there was any aggravation of the injury. If at all, the fault lay with the management, who did not offer him prompt and qualified medical help and even when he was taken to the Mission hospital a few days after the accident, he was shortly thereafter removed from that hospital without being properly cured.

On those materials, the Commissioner was justified in holding that the case was not covered by Clause 6 of Section The cases cited by the appellant in support of his contention depend on their own facts and do not affect the present case. The next question is about the amount of compensation payable to the workman. It has been found that though the workman has not been completely deprived of his leg as a result of the injury, he has at least been permanently crippled in that leg.

The Commissioner holds that it was a case of permanent partial disablement as a result of the injury; and inasmuch as the injury in question was not specified in Schedule I of the Act, he fixed the compensation under Section 4 1 c ii at 30 per cent. It is contended for the appellant that it had to be strictly proved in this case that the compensation was proportionate to the loss of earning capacity permanently caused by the injury.

It is argued that there is no evidence of any such loss of earning capacity in the present case and a number of decisions have been cited to show what this loss of earning capacity means.

It has also been argued that it is not a case of permanent partial disablement at all. Our attention has been drawn to the list of Injuries mentioned in Schedule I of the Act and it is suggested that the injury complained of in the present case does not occur in the table. Schedule I mentions loss of leg at or above the knee, but not any crippling of the leg.

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But it is obvious that the Act contemplates other instances of per manent partial disablement, resulting from injury than those specified in the Schedule. This is apparent from Sub-clause ii of Section 4 1 c and the Commissioner has, therefore, acted under that section in fixing the amount of compensation. The question whether there was adequate material on which the Commissioner could fix the proportionate loss in the earing capacity of the workman has presented some difficulty. Partial disablement has been defined in Section 2 1 g of the Act. As a result of the fall, the Plaintiff suffered a serious and life-changing injury to his left ankle.

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He was 63 years old at the time of the accident. Prior to the accident, he had been a General Manager of a large and successful ceiling fixing business with a good income and no plans to retire. He commenced proceedings against the builder of the balcony as well as the shire who had approved the relevant building plans. The matter proceeded to trial on the issue of liability only. The matter later proceeded to the District Court for the determination of the quantum. Having resolved and agreed on all other heads of damages the only issue to be determined at the trial was the sum to be awarded by way of the claim for economic loss as a result of his loss of earning capacity.

This future loss of income is based on Ms. Kelly will need to take three months off to attend this program; this is the basis of the loss. Teno, [] 2 S. Written by admin on February 19, Reasons for judgement were released today by the BC Court of Appeal stripping a Plaintiff of modest damages awarded for diminished earning capacity. Morier the Plaintiff was injured in a collision and sued for damages.

Despite her injuries she was able to work hour days as a floor plan technician. She had no lost income by the time of trial. Justice Lambert dissented on this point. This is not a heavy onus, but it must be met for a pecuniary award to be justified.

As the cases demonstrate, that is not enough. The plaintiff must show that it is a realistic possibility she will be less able to compete in the marketplace — with economic consequences, not merely psychological ones. Carta said all that could be said in support of the award, but I agree with the defendants that as a matter of principle the findings here did not support an award for loss of earning capacity. I would also order that the parties bear their own costs, given that this appeal was brought as a matter of principle.

Written by admin on December 2, Reasons for judgement were released today by the BC Court of Appeal addressing the proper role of mathematical evidence in assessing damages for diminished earning capacity.


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Mauro the Plaintiff was injured in a motor vehicle collision. The Court awarded a figure modestly above this for future losses despite findings that the Plaintiff would be limited for the duration of her working career, some 20 more years. The Plaintiff appealed arguing the trial assessment was inordinately low. The BC Court of Appeal agreed and substituted a substantially greater figure.

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Richardson, BCCA at para. Jurczak intended to become a DIR consultant prior to her injuries and because of those injuries she can only work 15 hours per week. The trial judge found as fact that if she was physically able to work 23 hours per week, there was sufficient demand for her skills that she would be able to bill for those hours. While the award represents two to three times Ms.

However, given his factual findings, in my view the award for loss of future earning capacity is so inordinately low as to amount to an error. Written by admin on July 3, In the recent case Morgan v. Galbraith the Plaintiff was injured in a collision. He worked as a senior account manager at the Royal Bank of Canada at the time. Following the crash he returned to this job with accommodation until his contract expired. From there he never returned to work at the bank instead he pursued a career in professional lacrosse.

This chapter of his life ended with a concussion suffered in By the time of trial he was working as a basketball and lacrosse coach. At trial it was found that the Plaintiff suffered from ongoing injuries from the collision. The BC Court of Appeal found that the reasons supporting such an assessment were lacking from the trial judgement and the matter was sent back to trial for reassessment of this loss. Morgan is now employed as a coach. I do not mean to imply that the assessment must be a mathematical calculation. Rather, my point is that there must be findings of fact on which to base the assessment.

Here, the reasons for judgment on this point are not sufficient to permit appellate review.

The judge did compare this case to another similar case, but, in my view, that would not be an appropriate way to assess what is essentially a pecuniary damage award. Morgan was likely to pursue a career in sport regardless of the accident and that doing so after the accident was possible but with limitations. The judge made no findings concerning the extent of those limitations. As I have concluded that the appropriate disposition of this appeal is to remit the question of the assessment of damages for future loss of earning capacity to the judge, I will leave to the trial judge the question of the appropriate approach to adopt.

To reiterate, I agree with Mr. He need not reconsider that finding.