ARBITRATION.

Dominion, Volume 3, Issue 843, 15 June 1910, Page 8

ARBITRATION.

COMPENSATION CASES. A TROUBLESOME KNEE. The Arbitration Court heard compensation cases yesterday. ' The Bench was occupied by Mr. Justice Sim'(President), Mr. W. Scott (employers' representative), and Mr. 1. A. M'Cullough (workers' representative). Robert Wylie claimed compensation from M*Lean and Sons, on account of injury resulting, it was alleged, from an accident during omployment on tho construction of the Clyde Quay Wharf. Mr. Dunn appeared for the claimant, and Mr. Blair for the respondents. • Mr. Dunn said tho claimant was employed in coppering piles at the wharf works. He sustained a fall through catching his J'ool in a piece of iron on September 28, 1908. Notice of the accident was served on M'Lean and Sons, and claimant was paid half wages. After several weeks he was given a billet as nightwatchman at the same wages as before his accident. He had been suffering pain in the knee ever since he came out of the hospital, and had been unable to do hard work, though he was able, for eleven months, to do night-watchman's work. At the end of November last ho was dismissed without reason being given. He made no claim during the eleven months that he was working as nightwatchman. Robert Wylie gave evidence to the above effect. He said that his average weekly earnings when working for M'Lean and Sons before the accident were .£2 4s. 6d. a week. Describing the accident, witness said he was at the time going hack along the wharf to recover a punch which he had left behind him,- when his foot caught in a piece of hoop iron, and ho fell, striking the inside of his knee against the edge of one of the stringers, or ground sills. He was helped up by a fellow workmen, and limped to Courtenay Place, wherr; ho took a car homo. Tho knee swelled up, and next day he saw a doctor, and went into the hospital. His wages as nightwatchman were .£2 ss. a week. After being dismissed without reason being given, he decided to make the present claim. His knee was still weak, and gave him some pain. Up to the time of his accident he was able to do hard work. He would be 75 years of age next January, and he had never suffered from rheumatism. To Mr. M'Lean: He earned ss. a week working for Mr. C. F. Pulley; contractor, some months before his employment with tho respondents. In the former employment he had an accident, breaking a bono in his left leg, and he got compensation. He left Pulley's employ through a quarrel about his wages. At another time he sustained an injury to his eye, t when boiling pitch, but did not claim compensation. Dr. Fyffo gave medical evidence. He said the claimant had some crackling (rheumatoir arthritis) in his right knee, -but he also had some in other joints. This was not uncommon in a man of his age. Ho would be able to do light work. Dr. M'Gavin, called, by Mr. M'Lean, said he had examined ' the claimant, and fonnd that he was suffering from rheumatoid arthritis in several joints. It was worst in tho right shoulder. He did not think it was more advanced in tho right knee than it would have been without any accident.' To Mr. Dunn: The disease was worse in claimant's right knee than 1 in his left. The disease usually affected a patient's right side more than his left. Mr. Dunn then led evidence as to the physical capabilities of the claimant before tho accident. Mr. M'Lean submitted that tho incapacity, if it existed, was not the result of tho accident, and that the claim had not been made within the prescribed time. John Norman M'Lean said he was payclerk at the works at the time of the accident. Claimant did not leave work until 5 o'clock that night, and he came to work next day. He was inattentive to his duties as nightwatchman. His Honour said tho claimant had not

shown that his present incapacity was due in any material degree to the accident. The caso was dismissed. A USELESS HAND. Erasmus Paisley Eobertson claimed compensation from Huddart, Parker, and Company, steamship owners, for injury to liis loft hand, caused by jambing between two logs of hardwood, while discharging timber from the (Jlimaroa, and resulting in total incapacity. According to the statement of claim, the plaintiff's left baud had become permanently and wholly useless. ' The claim was for .£3OO, the amount scheduled in the Workers' Compensation Act for loss of the left hand, less the amounts deductible in respect of cash payment and weeklv payments under the Act. Mr. O'Regan appeared for the plaintill, and Mr. Blair for the defendants. Both parties had agreed as to the facts, and were both prepared to accept a report by Dr. Henry, which was handed in. Mr. OTicgan, however, submitted that the report showed total incapacity of the baud, while Mr. Blair contended that the effect of the doctor's statements was that four fingers only were incapacitated. The Judge said that the Court was of opinion that the doctor's report amounted to total loss of the use of the hand. The allowance under the Act in such a case was G5 per cent, of the compensation for total incapacity of the worker. The parties could work out the amount themselves. Plaintiff was awarded >£3 3s. costs. The Court adjourned until 10 o'clock this morning. The Harbour Board's application for a?, interpretation of the Seamen's Award (in which the Inspector of AwaTds is taking action), and an application by the Union Steamship Company for an interpretation of the Seamen's Award will be heard to-day. COMPENSATION APPORTIONED. On Hie application of Mr. J. W. Macdonald, solicitor to the Public Trust Office, the following apportionments and directions were given by the Arbitration Court respecting compensation moneys in the hands* of the Public Trustee as personal representative of the following deceased persons:— 1. Ee Frederick Fletcher, late of Eunanga, miner, of .£SOO compensation, onethird to the widow of deceased, remainder for the two infant children to be held by tie Public Trustee for their maintenance and benefit. 2. Re George Thomas Downes, late of Cobden, miner, deceased, of .£SOO compensation, one-third to the widow, Mary Amelia Downes, remainder to be held by the Public Trustee for the maintenance and benefit of deceased's infant child. 3. Ee Robert Gunn MT)onald, .late-of Hedgehope, sawmill-hand, one third of compensation moneys to the widow, Mary Jane M'Donald, remaining two-thirds for the three infant children, to be held by the Public Trustee for their maintenance and bonefit. . 4. Ee John M'Glone, late of Knmara, deceased, of ,£SOO compensation moneys ordered to bo held and applied for the maintenance and benefit of deceased's widow, Ellen M'Glone, wlio was declared a total dependant. 5. Ee John Fitzgerald, , late of Tuapekn Flat, wagoner, deceased, of i£4oo compensation, one-third to Annie Fitzgerald, the widow, remainder to be held by the Public Trustee for the maintenance and bouefit of six children of deceased. G. Ee George Campbell, late of Waitotara, labourer, of .£SOO compensation moneys, the house and land were ordered to be purchased as a'home for deceased's three children, and the balance of the ■moneys to be applied for their benefit. 7. Re James Steer, late of Sydenham, engine-driver, deceased, of .£370 compensation moneys, one-third to Sarali Jano Steer, deceased's widow, remaining twothirds to be held by the Public Trustee on behalf of two infant children.