ARBITRATION COURT

Dominion, Volume 10, Issue 3115, 20 June 1917, Page 9

ARBITRATION COURT

CO.M.I'ENSA.a'ION OASES. A sittinif ol {ho Arbitration Court for the hearing ol compensa-tion eases vras held yosterday. On the Bench were His Honour Mr. Justice Stringer (President), Mr. IV. Scott (employers' representative) and Mr. J. A. M'Cullough (workers' rciircecntative). Judgment was ontcred by eonsent in tho case of Kudolpli Jiirter v. W. Cablo- and Co. Tho plaintiff claimed compensation for tho loss' ot an oyo as- tho result of an accident which occurred on October 2, 1916. whilo ho was employed in tho defendant company's foundry at Kaiwarra. As a result of tho accident it was alleged that plaintiff was totaUy incapacitated until January 5, 1917, and had suffered permanent partial disability, the eight of his right eye having been destroyed. Mr. P. 0. O'ltegan, who appeared for tho plaintiff, explained that Hirter, being under. 21. years of ago, was entitled to have his compensation for the loss of his eyo assessed upon his average weekly earnings when ho had attained his majority. It was agreed that tho average weekly earnings assessed in tho manner stated would bo not less than £3 65., and judgment was entered by consent for £216 165., including. £3 3s. costs and £1 medical expenses. Tho Court ordered that £175 should bo paid to tho Public Trustee and invested on plaintiff's behalf until'ho atr tainod tho ago of 21 years; Mr. H. E. Evans appeared lor Cable and Co. NOTED LAW POINTS. Novel law points were involved in tho : two cases. Gory. v. tho Government Insur. I anco Commissioner, and Clifton v. tho same. On behalf of both plaintiffs, fonvhom Mr. P. J. O'Regan appeared, it was stated that the cases arose out of. tho wreck of tho bcow Southern Isles. In Jlay of last year the scow- was lost in- Cook Strait, with all hands, including tho two owners, Messrs. Gibson, and Foster. The veseel was afterwards discovered floating bottom upwards at Farewell Spit, and was taken to Nelson. Tho sale- of the hull, and machinery did not realiso- sufficient' to pay tho mortgage ou the vessel. Compensation claims, of course, took priority of mortgages, and tho plaintiffs were not concerned-with that aspect of tha. matter, since the owners of the scow had a policy for £1000 with the Government Life Insurance Department indemnifying them against liability under the Workers' ObmTiensation Aot- The owners-died, leaving, no estate a.part, frSin tho wreck, and: the present proceedings wore, taken under Section 62 of.'the Workers' Compensation Act; which gaio authority under such- circumstances for direct action against tho indemniflcr. His Honour askod if there were other claimants against the indemnity, for if there were tho money might be exhausted boforo all claims had been ■ mot. Mr. O'PiCgan stated that there was only one other person for whose death a claim might: bo made, and he had ascertained that the deceased hadino dependants. Even if ho had there would be sufficient money left to meet the maximum, claim:. Mr. C. H. Madwcll, for tho • Government Insuranco Commissioner, said the cose was brought to Court since it wae only in this way that a discharge- could be obtained by tho Government Insurance Department. Tho Court agreed to hear argument and evidence in. both cases this morning.