Murder witness compensated

Press, 8 April 1987, Page 29

Murder witness compensated

PA Wellington The de facto wife of a man murdered four years ago has been granted compensation for loss of earnings when she took on a lower-paid job because she could not face the public. The Accident Compensation Appeal Authority, Judge Max Willis, has allowed Mrs Linda Lowe of Lower Hutt 12 months compensation of the difference between her present salary and that at the time of the incident He accepted that Mrs Lowe had to accept a lower-paid job because she was unable to mix with the public through the stresses caused by the incident. Mrs Lowe was the de facto wife of Robert Cancian, murdered on February 25, 1983. The murder

was seen by Mrs Lowe who, with her mother, was bound. Mrs Lowe was then employed by Devon Investment Brokers, Ltd, at an annual salary of $21,500, the authority said. After the incident she was dismissed, not because of inability to do the work biit because of adverse publicity surrounding the incident. She was paid until March 25 and started work with the Hansard service at Parliament on April 7 on an annual salary of $15,554. A.C.C. continued to pay full eamings-related compensation until June 1. To be entitled to earn-ings-related compensation, a claimant had to establish not a loss of earnings but a loss of earning capacity. In this

case it appeared Mrs Lowe had not lost her earning capacity as she quickly obtained employment the Authority said. But the Authority had no difficulty in accepting that Mrs Lowe would have had some apprehension in seeking employment in a job involving mixing with the public. The question was how long her decision to seek the class of employment she did could be justified. Mrs Lowe’s counsel argued that two years or a period expiring on March 31, 1985, was appropriate'' and supported the submission with a detailed psychiatric report The A.C.C.’s legal counsel argued that the medical evidence did not establish incapacity for work. Impairment did not. indicate Incapacity.

The Authority noted that Mrs Lowe obtained employment in a short time and was not incapacitated for work. “The traumatic event which gave rise to the whole saga will never be completely effaced from the appellant’s memory,” the Authority said. “From time to time she will be reminded of those events by some extraneous occurrence but I find it difficult to accept that she would find it impossible to work in a situation where she would mix with the public for as long as two years. “In my view a period of 12 months should have been ample time to enable the appellant to make the adjustment, particularly when there has been a change of surname,”