{"id":10851,"date":"2017-12-15T20:41:59","date_gmt":"2017-12-15T20:41:59","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=10851"},"modified":"2017-12-15T20:55:40","modified_gmt":"2017-12-15T20:55:40","slug":"compensation-payment-of-damages-or-any-other-act-that-a-court-orders-to-be-done-by-a-person-who-has-caused-injury-to-another-in-theory-making-the-injured-person-whole-or-remuneration-for-services","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=10851","title":{"rendered":"Compensation – payment of damages, or any other act that a court orders to be done by a person who has caused injury to another, in theory making the injured person whole, or remuneration for services rendered (i.e. salary, wages)"},"content":{"rendered":"

Notice:<\/span>\u00a0 Generally, the term compensation is used in three forms; the first set of definitions below pertains to remuneration for services\u00a0and<\/em> redress for property taken or injury caused by the taking of property under the power of eminent domain, the second set of definitions in regard to worker’s compensation, and the third in regard to damages<\/a> in civil law<\/a>.<\/span><\/strong><\/p>\n

compensation<\/span>:<\/span><\/strong>
\nn<\/em>. (14c)<\/span><\/p>\n

1. Remuneration and other benefits received in return for services rendered; especially, salary or wages.<\/strong> \u2014 adjective forms (used for all below definitions) compensatory<\/em><\/span><\/strong>, compensational<\/strong><\/em><\/span>, [1]<\/span><\/p>\n

1. A return for a benefit conferred or promised, that is, a consideration.\u00a0 Searcy v Grow<\/em>, 15 Cal 117<\/span>; a remuneration for services, whether in the form\u00a0 of a fixed salary, fees, commissions, or perquisites of whatever character.\u00a0 43 Am J1st Pub Of \u00a7 340<\/span>; redress for property taken or injury caused by the taking of property under the power of eminent domain.\u00a0 Symonds v Cincinnati<\/em>, 14 Ohio 147<\/span>. <\/span><\/strong>[2]<\/span><\/p>\n

1. Remuneration for services, whether in the form\u00a0 of wages, salary, fees, or commissions.<\/strong> [3]<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Kurt H. Decker & H. Thomas Felix ii’s Drafting and Revising Employment Contracts<\/em><\/a> (1991):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cCompensation consists of wages and benefits in return for services. it is payment for work. if the work contracted for is not done, there is no obligation to pay. [Compensation] includes wages, stock option plans, profit sharing, commissions, bonuses, golden parachutes, vacation, sick pay, medical benefits, disability, leaves of absence, and expense reimbursement.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

2. <\/span><\/strong>SETOFF (2)<\/span>. <\/span><\/strong>[1]<\/span><\/p>\n

2. A set-off in the Scottish law; redress in damages for injuries generally; the payment\u00a0 made to an injured employee by the employer under a workmen’s compensation act.\u00a0\u00a0 As the term is used in workmen’s compensation acts, it means the money and for teh persons designated by the act, and it does not refer to the compensatory damages which may be recovered in an action at law for a wrong done or a contract broken.\u00a0 Mosely v Empire Gas & Fuel Co. 313 Mo 225, 281 SW 762, 45 ALR 1223, 1232<\/span>. <\/span><\/strong>[2]<\/span><\/p>\n

2. Payment for injury or loss made under a workers’ compensation act to an injured employee.<\/strong> [3]<\/strong><\/span><\/p>\n

3. Payment of damages, or any other act that a court orders to be done by a person who has caused injury to another.\u00a0 *\u00a0 In theory, compensation makes the injured person whole.\u00a0<\/strong>[1]<\/span><\/p>\n

3. A civil law term meaning the extinction of debts of which two persons are reciprocally debtors to one another, by the credits by which they are reciprocally creditors to one another.\u00a0 20 Am J2d Countel etc. \u00a7 5<\/span>.<\/strong> [2]<\/span><\/p>\n

3. Payment for injury or loss; damages.
\n<\/span><\/strong>\u00a0\u00a0\u00a0\u00a0 See deferred compensation<\/em>; just compensation<\/em>; unemployment compensation acts<\/em>. [3]<\/span><\/p>\n

Various forms of Compensation:<\/span><\/strong><\/p>\n

\n

accrued compensation – (1919) Remuneration that has been earned but not yet paid.<\/span><\/p>\n

deferred compensation – (1926) 1. Payment for work performed, to be paid in the future or when some future event occurs. 2. An employee\u2019s earnings that are taxed when received or distributed rather than when earned, such as contributions to a qualified pension or proflt-<\/span>sharing plan.<\/span><\/p>\n

just compensation<\/span><\/a> – a payment by the government for property it has taken under eminent domain, which must be fair both to the person whose property is taken and to the public, who must pay for it. <\/span><\/strong>\u2014 aka<\/span> adequate compensation<\/em><\/span><\/strong><\/span>;<\/span> due compensation<\/em><\/span><\/strong><\/span>;<\/span> land damages<\/em><\/span><\/strong><\/span>.<\/span><\/p>\n

> unemployment compensation. (1921) Compensation paid at regular intervals by a state agency to an unemployed person, esp. one who has been laid off. –Also termed unemployment insurance; unemployment<\/span><\/p>\n

beneht.<\/span><\/p>\n

unreasonable compensation. (1946) Tax. Compen sa~ tion that is not deductible as a business expense because the compensation is out of proportion to the services actually rendered or because it exceeds statutorily<\/span><\/p>\n

defined limits. IRC (26 USCA) \u00a7 162(m).<\/span><\/p>\n

Compensation Clause. Constitutional law. The clause of the U.S. Constitution providing for federal judges to be paid. US. Const. art. III, \u00a7 1, cl. 2.<\/span><\/p>\n

compensation neurosis. (1924) A neurotic mental condition in a plaintiff who has dwelled on the prospect of receiving personal-injury damages or other compensation, the principal effects being that the plaintiff unconsciously exaggerates and prolongs the symptoms of the injury or harm. 0 Compensation neurosis is not a distinct diagnosis recognized bythe psychiatric community.<\/span><\/p>\n

compensation period. The time fixed by unemployment or workers\u2019compensation law during which an unemployed or injured worker is entitled to receive compensation.<\/span><\/p>\n

compensatories. See compensatory damages (1) under DAMAGES.<\/span><\/p>\n

compensatory damages. See DAMAGES.<\/span><\/p>\n

compensatory mitigation. See ENVIRONMENTAL MITIGATION.<\/span><\/p>\n

compensatory payment. Family law. A postmarital spousal payment made by the richer ere-spouse to the poorer one and treated as an entitlement rather than as a dis cretionary award. 0 Compensatory payments are set by statute and are based on a formula using the length of<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>\u00a0<\/span><\/strong>by<\/b><\/span><\/strong> Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em>
\n<\/span><\/a><\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>Legal<\/b><\/span><\/a><\/em> Assistant<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>\u00a0<\/span><\/em>by<\/b><\/span><\/strong> Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]: Kurt H. Decker & H. Thomas Felix ii, Drafting and Revising Employment Contracts<\/em><\/a> 5 3.17, at 68 (1991).<\/span><\/strong><\/p>\n

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