BAGGS v. LONDON GRAVING DOCK COMPANY, LTD.

(1943) 75 Ll.L.Rep. 35

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Goddard and Lord Justice du Parcq.

Workmen's compensation - Weekly payments - Calculation - Army pay - Accident to workman - Full compensation paid - Stopped upon production of medical certificate-Application for compensation subsequently filed on ground of total incapacity-Workman called up by army authorities - Award by County Court Judge of full compensation until calling up-Application by workman for review- Evidence that army pay was less by reason of his incapacity-Further award by County Court Judge - Whether soldier's pay to be taken into account in considering the amount he is "able to earn" after the accident within the meaning of Sect. 9 (3) of the Workmen's Compensation Act, 1925-"Able to earn" -Meaning.