THE ARBITRATION COURT.

Press, Volume LXVII, Issue 20274, 27 June 1931, Page 3

THE ARBITRATION COURT.

CHRISTCHURCH SITTINGS. YESTERDAY'S BUSINESS. The Christchurch sittings of the Arbitration Court were continued yesterday, his Honour Mr Justice Frazer being on the Bench, Messrs W. Cecil Prime and A. L. Monteith sitting with hin> as employers' and workers' representatives respectively. Compensation Allowed. In the case Denis Herbert Fitzgerald v. the Crown compensation was claimed in respect of .an accident on the Glynn Wye road on July 31st, 1930. In his petition, suppliant stated that he tvas injured when working on the Glynn Wye relief works, a leg being fractured. Compensation was paid him for 35 weeks, but he sought such further compensation as the Court might see lit to award, together with costs and incidentals.

The reply filed by the Crown admitted the accident and liability for the compensation already paid, but denied that suppliant was , permanently partially disabled. , Mr M. J. Burns, who appeared . for Fitzgerald, said that the latter had been in hospital for some time. His foot had turned in about 20 degrees in consequence of the way the - bones had knitted, after the accident. He would have a stumbling gait, a permanent limp, and permanent pain. People would not give him work because of his limp. Mr A. W. Brown, for the Crown, claimed that Fitzgerald had no partial permanent incapacity and that he could return to work almost immediately. Medical evidence was given by Dr. W. M. Cotter as to suppliant's injuries and capacity for workr To Mr Brown, who represented the Crown, witness said that suppliant's earning power was affected to the extent of about 15 per cent. Suppliant w«juld be fit in the future for only moderately heavy work. Dr. T. Beveridge Davis said that he did not think that Fitzgerald would ever be able to do the same amount of heavy work as in the past. Dr. H. T. D. Acland stated that Fitzgerald's fracture had united, although there was a slight bowing c the leg. In his present state light work would be beneficial to him, and in a few months he would be able to do his udual work. The accident would not affect his earning power. Dr. J. L. Will gave similar evidence, and stated that suppliant would have benefited had he started work in March last. The Court retired to consider its verdict, and on returning his Honour said that it was satisfied that Fitzgerald would not bo prevented from following his usual occupation because of the accident. He was a timid man, however, and the Court must allow for his temperament. He would be allowed full compensation for 11 weeks at £2 18s, half compensation for 13 weeks at £1 9s, and 20 per cent, compensation for 39 weeks at lis 7d, total £72 10s 2d, plus costs amounting to £.14 14s. Suspensory Award. : The Court awarded Alexander George Irwin, a labourer, a penny a week compensation against the Crown. . . - In his petition, Irwin set out that on August. 18th, 1930, he was employed by the Public Works Department as *

labourer at Haupiri, near Greymouth. While engaged in drilling a hole for gelignite, he sustained injuries to his eyes from a premature explosion; His left eye was injured, as a result of which hb was unable to work for some time, compensation being paid at the rate of £2 14s Id a week.' Although the present condition of the eye did not prevent him from working, it was possible that it would deteriorate sufficiently to affect his ability to work in the future. Therefore he applied for ah award to keep alive his right to claim further compensation. Judgment was giyen by consent, Mr Burns appearing for suppliant and Mr Brown for the Crown. - . r '•