MINER’S CLAIM

Press, Volume LXXVI, Issue 23053, 22 June 1940, Page 16

MINER’S CLAIM

RESERVED JUDGMENT DECISION FOR RESPONDENT Reserved judgment in a compensation claim by Ernest Fell, a miner, of Greymouth, against the Crown, has been delivered "by Mr Justice O’Regan. In his judgment, his Honour said that Fell had been employed for some years in the State colliery at Runanga. On July 7, 1937, he was paid three weeks’ compensation, after being injured by an accident. Evidently a fall of coal had struck him in the back, throwing him violently against the mine timbering, and causing an injury to his nose. In due course, he resumed work, until October, 1939, when, ‘ for the first time since the accident, he commenced working in a place thick with coal dust. . He was obliged to desist after working four hours. He went into hospital on November 1, undergoing an operation, and leaving hospital on November 8. He resumed his place in the colliery, and had continued his work ever since, even in dusty places, without inconvenience. The respondent, the judgment continued, admitted the accident and incapacity in July, 1937, for which-com-pensation was paid, but denied liability for a further five weeks, as claimed, under 'a section of the Workers’ Compensation Act, 1922, which requires proceedings to be

commenced within six months from the date of the accident or the last payment of compensation. The claim had been taken up by the president of the State Miners’ Union. The delay was altogether too long, however, to enable the Court to assist. Accordingly judgment must be for the respondent, to whom leave was reserved to apply for costs.