CLAIM SUCCEEDS

Auckland Star, Volume LXIX, Issue 225, 23 September 1938, Page 8

CLAIM SUCCEEDS

INJURY TO WORKER.

COMPENSATION ALLOWED.

question or prejudice.

On the basis of a full weekly compensation of £3 0/8 a week for 14 weeks, the sum of £42 9/4 was awarded Edmund Noble, woodwork machinist, in a judgment delivered by the Arbitration Court in a claim for compensation for an injury allegedly sustained in the r< inarv course of his employment. -Medica l expenses of £1, with * costs </, and £2 2/ for one medical witness were allowed. Mr. Justice o'Re"an presided at tlie hearing. <r .Plaintiff, who was 61 years old claimed from Henderson and PcUard. ™ ted - sti *ting that on September 22, when cutting panels with a swin~saw, he noticed that the fiom to 18ft long, arranged in tiers, appeared to be unsafe in one sector, tearing that it might topple over altogether, he raided and moved one tier. As a result of this exertion he had contracted a hernia. He claimed that he had notified the company of the acc-i----dent on the following da v. The defendant company denied the occurrence of any accident", and pleaded that if an accident did occur in fact, notice was not given as soon as practicable after the accident, in consequence w '" ( ' 11 t,le defence was prejudiced. Hie defence alleged, further, that no notification was received of the alleged accident until October 1">. ° i The Court, in its judgment, stated ! that the defendant company was not i prejudiced in its defence even if notice ' of the accident was not received until ' the later date. As to the question of compensation, little evidence had been led as to the period of disablement. The plaintiff had done no work since the accident, but it did not follow that he S had been totally disabled throughout • in the absence of verv clear evidence compensation could not be allowed beyond the period usual in cases of this I class, namely, about three mouths. 1