£205 AWARDED.

Press, Volume LXVII, Issue 20420, 15 December 1931, Page 4

£205 AWARDED.

COMPENSATION FOR LABOURER. ACCIDENT AT PARNASSUS. Compensation to the extent of £205 7s Gd, with costs, was awarded James Gemmell, labourer, of Annat, in a claim against the Public Works Department in the Arbitration Court yesterday. The claim arose from an accident at Parnassus in which Gemmell suffered injuries as a result of being struck by a fall of earth. Mr Justice i'razer and Messrs W. C. Prime (employers' representative) and A. L. Monteith (employees' representative) were on the .Bench. The statement of claim set out that on May 2Uth, 1931, Gemmell was employed by the Public Works Department as a labourer at Parnassus and was engaged at piecework rates in excavation work. While so employed he was struck by a fall of earth and as a result sustained injuries to his' back and left knee. He had since been unable to work and had not been paid any compensation under the provisions of the Workers' Compensation Act, 1922. Compensation and medical expenses as provided under the Act were sought by the petitioner. The Crown plea was a denial that petitioner had .at any time been unable to work as a result of the accident. In reply to a question from his Honour, counsel said that Gemmell's average weekly earnings had been £3 9s before the 10 per cent, cut had been imposed. Counsel for petitioner said that the latter was working on an earth face and was carried down some 20 feet by a fall of earth. He had done no work since, and might not be able ever to do heavy work again. His back was still giving' him trouble and his leg had not yet recovered from the injury. Petitioner gave evidence on the lines of counsel's statement. Robert Hector Baxter, medical practitioner, said that he examined Gemmell in October. It was difficult to find any organic disease in the back and the conclusion he had come to was tlmt the pain was caused by bruising, coupled with the sensitive state of his nervous system. The most striking thing was the loss of power in his legs. Witness had examined him on Sunday and found some improvement. In his opinion Gemmell would not be fit even for light work for three months. • If he were to do heavy work in the future Gemmell might be liable to further strain or breakdown. His physical incapacity would be 100 per cent, for three months, 50 per cent, for three months, 25 per cent, for six 1 months, and between 15 and 20 per cent, perI manently. Leslie J. Will, medical practitioner, said that, unlike most neurasthenics, Gemmell had shown a constant, although slow, improvement. He agreed with the previous witness's estimate of Gemmell's incapacity. His Honour said that full compensation as provided for by the Act would be allowed, with Gemmell's weekly j earnings of £2 6s per week and the medical estimates of incapacity as a basis for computation.