COMPENSATION GRANTED.

Press, Volume LXVI, Issue 19960, 21 June 1930, Page 3

COMPENSATION GRANTED.

A DISLOCATED ELBoW. CASE IN ARBITRATION COURT. A dislocated right /elbow sustained by a Publio Works Department employee while working on the West Coast resulted in his appearance before the Arbitration Court yesterday, seeking compensation. He was John, Joseph Busher ( of Grey mouth.. Hi* Honour Mr Justice Frazer presided, and with -him.'were Mossrs W. | Cecil Prime (employers' assessor); and : j A. L. Monteith (Workers' assessor)! I . Busher's claim set out that his acci- j dent occurred on August 23rd, 1929, j while working on railway construction I at the Westport-lnangahua Junction, j near Blackwater Camp. He was work- i mg in a cutting and sustained a jar i to his hand by bitting the pick with which he was working on a rock, in consequence whereof ho dislocated his right elbow. He had remained totally disabled and was permanently incapacitated from doing the ordinary 1 work which he was doing before the acci- j dont. His earning power would be permanently diminished. His average weekly earnings <at the' time of the accident were not less than £6. He recovered compensation to the aniount of £35 on December 19th, 1929. Negotiations with the Public Works Department took place for a settlement, but eventually the Department denied further liability The suppliant was still totally disabled from working, and as a consequence his earning power when able to resume work would he considerably diminished. He claimed a weekly payment of £4 from the date of the accident until the bearing; further compensation by way of a lump sum, and costs of the action. " The defence' admitted, the accident but argued on the financial aspect. Mr W. J. Joyce appeared for Busher tnd Mr F. A. Kitcningham. for. the Public Works Department. . Dr J. Leslie Will said that Busher hnd a limitation of movement in the elbow joitit. There was a creaking in the joint that was audible, and he suffered pain, especially in the morntng. Those were the symptoms of severe chronic nrthritis. There was new bone formation" inside the joint. It was extremely unlikely that he would be able to go back to heavy work, and could only engage himself in a # very light occupation. His Honour said that the troublesome question was the average weekly earnings. The figures indicated that the suppliant's average weekly wage was £4 10s. His right arm was . permanently useless, and ; ho could. not return to the work which he had been doing. If he obtained light work his enrning power would, not be more than fiJl a week. He was entitled to., full compensation to December 11th, 1929, and thereafter compensation at the rate ol" £1 a week for the remainder of the period of liability. Costs, £ls 15s, were allowed.