COMPENSATION CASE

Press, Volume LXXXIX, Issue 27065, 13 June 1953, Page 8

COMPENSATION CASE

RESERVED DECISION GIVEN In a reserved decision in the ComSensation Court, Judge Dalglish held lat, in calculating tne total amount which Matthew Joseph Borcoski; a stoker, may receive by way of compensation for injuries suffered in an accident, the whole of the amounts paid to hint during his period of total incapacity must be taken into account. Borcoski was injured while working for the Christchurch Gas, Coke, and Coal Company, Ltd., and his preliminary claim that he- was .entitled to have the first £250 paid to him in weekly compensation ignored when a lump sum was being calculated therefore failed.

Mr B. A. Barrer appeared for Borcoski. and Mr E. E. England for the company. Borcoski suffered an injury to his back, arising out of and in the course of his employment on July 11, 195 L and was totally incapacitated from July 26, 1951. until December 1, 1952. He received as compensation in weekly payments during his period of total incapacity £535 15s. and he is now permanently partially incapacitated. Judge Dalglish said that Borcoski could not receive more than £ 1750. the maximum aggregate amount of weekly payments as defined in a 1949 amendment to the Workers’ Compensation Act, less £535 15s 8d paid to him by the company during his period of total incapacity. This would be £1214 « 9d.