AMENDMENT NEEDED.

Auckland Star, Volume LXIX, Issue LXIX, 21 September 1938, Page 12

AMENDMENT NEEDED.

IN COMPENSATION ACT.

CASE OF SHIPS OFFICER.

Opinion that attention might well be directed to the need of amending section 2 of the Workers Compensation Act, 1922, which states, inter alia, that the term "worker" does not include any person employed other than by manual labour whose remuneration exceeds £400 a Is expressed in an Arbitration Court judgment issued to-day by Mr. Justice O'Regan.

His Honor's statement is made in his summing up of a case where the widow of Roy Watts, second mate of the motor ship Port Waikato, who fell overboard and was drowned on August 3, sued the Watchlin Shipping Line on behalf of herself and her only eon. The defence admitted that the accident arose out of and in the course of employment, but alleged that decea-eed was not a worker within the meaning of the Act, in that his remuneration exceeded £400 a year. It was submitted that in actual wages, overtime and holiday pay received deceased's income was £345 15/4. When cost of food supplied to deceased was added, however, his income was assessed at £455 6/6. The cost of laundering and accommodation had not Deen considered in this estimate.

The Court, states the judgment, is satisfied that, without calculating costs of laundry and sleeping accommodation, deceased's annual remuneration totalled £438 15/4. As he was not employed at manual labour, Tie wae not a "worker," and therefore his relatives are not' entitled to compensation. "It is almost unnecessary fo add that we sympathise with the plaintiff, whom we are obliged to hold disentitled to any monetary reparation for the loss she has suffered," his Honor adds. "Wβ have no jurisdiction to infringe the functions of the Legislature, but its attention might well be directed to the need of amending the law." °