MINER’S CLAIM FOR COMPENSATION

Press, Volume LXXXIII, Issue 25178, 8 May 1947, Page 8

MINER’S CLAIM FOR COMPENSATION

*T find that the plaintiff’s incapacity is the result of an accident arising out of and in the course of hi* employment by the defendant company,” said Mr Justice On gley, tn a reserved judgment on a claim by Adam Allan, a miner of Denniston. against the Westport Coal Company. Ltd., heard in the Compensation Court. Allan, an employee of the firm, had now got osteo-arthritis of the right RB* . joint, said his Honour. Plaintiff allßftd t that in or about 1938. while working . the defendant company, he was strw . by a bar and Injured his right hip. an that by reason of that injury he WK . permanently disabled from following bis usual employment. ; The defence pleaded, inter alia, that r the claim was barred because action WM , not commenced within the time set by ; Section 27 of the Workers’ Compensation Act. 1922. “The delay until plaintiff knew his con- ' dition and for a reasonable time thereafter should be excused," said his Hon- • our. "No question was raised a* to the delay after that, and it may be that counsel for the defendant company is • satisfied that the delay after that was i reasonable or immaterial. ... It may be ■ that the plaintiff must show affirmatively that that delay was reasonable. I pro* pose holding the matter over to give • counsel an opportunity of being heard on this point.*'