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Legal Opinion

Peak v. Nashua Gummed & Coated Paper Co.

Supreme Court of New Hampshire

Decided June 4, 1935PublishedCited by 6 opinions

1Opinion of the CourtWoodbury, J.

The workmen’s compensation act is designed to afford compensation for loss of earning capacity due to physical injury. It is not designed to afford compensation for loss of earning capacity due to any other cause. For this reason “loss of earning capacity due to general business conditions cannot be made the basis of compensation.” Plourde v. Auclair, 86 N. H. 303, 304. See also Coté v. Company, 85 N. H. 444, 447.

The court found that the plaintiff’s loss in pay after his return to work was not due to his injury, but to a general pay-cut and to a reduction in hours of work; in other words,…

2Cases cited3 opinions

  1. Nawn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
  2. Coté v. Bachelder-Worcester Co.Supreme Court of New Hampshire · 1932
  3. Plourde v. AuclairSupreme Court of New Hampshire · 1933

3Cited by6 opinions

  1. Whyte v. Industrial CommissionArizona Supreme Court · 1951
  2. Altamirano v. Industrial CommissionCourt of Appeals of Arizona · 1974
  3. Appeal of NormandSupreme Court of New Hampshire · 1993
  4. Servetas v. King Chevrolet-Oldsmobile Co.Supreme Court of New Hampshire · 1977
  5. Carignan v. Winthrop Spinning Co.Supreme Court of New Hampshire · 1949

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