LAW REPORTS.

Dominion, Volume 6, Issue 1620, 11 December 1912, Page 4

LAW REPORTS.

THE SHIP'S SIDE, CLAIMS 6N SHAW, SAVILL COFOR COMPENSATION. THE CASE OF EMMA BICKMAN.

Decisions have been filed by the Court of Arbitration, in two claims under tho Workers' Compensation Act. Tho claims wcre-hcard last,week-before Mr. Justice Sirni i; an'd' sitting with., him ,as assessors Hvero- Jlessrs*. ; William Seott,. employers' representative, and J. A. M'Cullough, employees' representative. 'i'ho first claim was the outcome of a fatal accident that occurred on tho Glasgow Wharf alongside the steamer Kumara on January 6. last. Tho plaintiff was Emma Bickman, widow, of Marten,' and tho -defendants were the Shaw, Savill, and Albion Co., Ltd. ' At tho hearing, Mr. E. J. Fitzgibbon appeared for Mrs. Rickinan, while Mr. •JL Myers appeared for the Shaw, Savill, 'arid Alfcion Co., Ltd.

"From the statement of claim, it appeared that on January B last Alfred Bickman '(husband of the plaintiff) was working a crane on Glasgow Wharf unloading cargo from the Kumara. He had occasion to leave the crane, and was fatally crushed ■between the crane and soino passing trucks.''Mrs. Eickman had been living apart from her husband, but she alleged that she was partially dependent on him, and that up. to August, 1911, he had made her .payments, averaging £2 per. month. His, average wages were £i per week. She claimed <£48 as compensation and .£9 lGs. GiL funeral expenses.

:• The Shaw, Savill, and Albion Company said that deceased's wages averaged only .£3 2s. id! per week,'and not M per week as alleged. They denied that the accident arose out" of or in. the course of their employment,, and denied also that Mrs. Rickinan Was a partial dependant of the deceased.

In giving judgment,, the Court pointed out that Mrs. Rickinan and her hus.band had been separated for over 22 years, and tho evidence as to the husband's contributions was vague and uncorroborated. In view of the fact that, during the last five years} Mrs. Rickman had been provided with- board and' lodging by her daughter, and that she herself had earned money, the Court did not feel justified in finding that she was in any way dependent (at the time of tho accident) on the earnings of deceased. Her case, therefore,, failed.

■-.- MISHAP ON,S,S. ATHENIC. AWARDED. An accident that occurred in the hold. of the Athenic, while the vessel was lying at the Queen's Wharf on March 25, 1912, was responsible for the second claim that came bsforo the Court. The parties wero; William Joseph Sellars, wharf labourer, of Wellington, plaintiff, and the Shaw, Savill, and Albion Co., Ltd., defendants. ■ At the hearing, Mr. T. M. Wiiford appeared . for Sellars, while Mr. M. Myers appeared for the Shaw, Savill Company. On March 25 last the steamer Athenic' was discharging cargo at the Queen's Wharf.. Sellars was working in ono of the holds when- a package of tarpaulin fell out of one of the slings, and knocked him down. He was injured in the neck and head (it was alleged), and also sustained hernia. On Julyi;lS\iio entered,! the ■ Hospital'to'lindergb;an operations He, is at the present time fast recovering, and his medical advisers state that he . will soon completely recover. His average I earnings were £3 2s. 4d., and the Shaw, Savill, and Albion Co. recognised his claim by paying him £1 lis. 2d. a up" to July G, 1912, but they declined to make further payment. Sellars now asked tho Court to-order the Shaw, Savill, and Albion Co. to' pay him £1 lis. 2d. per week from July G,-1912, up to the termination of his period of incapacity. The Shaw, Savill, and Albion Company denied liability for,payment of any,further compensation. . .- In'giving judgment the .Court decided, to" feeat 'Sellars as" fit to resume light work.at the end of three months, from July 3 (when compensation payments were stepped), allowing half wages' (.£2O 55.) for that period, and a further sum of Mi to cover the period during which he would bo doing light work before being able to resume the ordinary work of a wharf labourer. Judgment was accordingly .given for Sellars for iC34 55., with costs. £1 7s. and witnesses' expenses./