CLAIM FOR COMPENSATION.

New Zealand Herald, Volume LVIII, Issue 17919, 22 October 1921, Page 8

CLAIM FOR COMPENSATION.

INJURIES DUE TO ACCIDENT

DENIAL OF LIABILITY

A claim for compensation for alleged permanent partial incapacity resulting from a bicycle accident was beard in the Arbitration Court yesterday, the plaintiff being Albert Eugene King (Mr. Dickson) and the defendant Marriott and Company, grocers, Parnell (Mr. Richmond).

It was stated the accident occurred last November when the plaintiff was working as a traveller for the defendant arm. The bicycle which the plaintiff was riding sk.dded with the result that he severely injured one of his knees on the handlebars. He was in hospital for six weeks and it was six months, before he resumed work, but whereas he was formerly paid £6 2s 6d a week as traveller, he "was now, he alleged, unable to undertake his old duties, because of his injuries, and was receiving £4 10s 6d a week for work in the shop. The defendant firm had paid plaintiff £75 for the time he was away. Mr. Richmond submitted that the claim could not succeed because at the time of the accident the plaintiff was earning more than £5 a week, the amount mentioned in the Act, and he was not engaged m manual labour. Mr. Justice Frazer: That is under the old Act and the new Act did not come into force until February. Mr. Richmond : Quite so, Your Honor.

Mr. Dickson contended that even if the plaintiff was not a worker within the meaning of the Act there was an admission of liability owing to the payment of £75 made to him by the defendant firm. A considerable amount of medical evidence was given in regard to the plaintiff's injury. The question of permanent partial incapacity was the principal issue in conflict doctors who were called for the plaintiff differing greatly from those on behalf of the defendant.

The Conrt reserved its decision, leave being given to Mr. Dickson to cite certain legal authorities.