COMPENSATION

Dominion, Volume 22, Issue 261, 31 July 1929, Page 14

COMPENSATION

CASE FOR REFEREE Due to a conflict of medical evidence, the members of the Arbitration Cp. ur J yesterday decided to refer to a medical referee the question involved in a claim for compensation brought by a watersider, Alexander D. Gillies (Mr. F. W. Ongley) against the Union Steam Ship Company, Ltd. (Messrs. P. Jackson and Virtue). His Honour, Mr. Justice Blair, presided, and associated with him. on the bench were Messrs. L. J. Schmitt and A. L. Monteith, assessors for the employers and employees respectively. According to the statement of claim plaintiff injured his right knee thrdugh being jambed between a trestle and other gear when employed by the defendant company as a casual worker on February 18, 1928. It was stated that as a result the plaintiff was incapacitated from work for 43 weeks, and was permanently partially disabled. The defendant company had paid £ll7 6s. Bd. as compensation for total incapacity for 32 weeks. The plaintiff claimed £4O 6s. Bd. as 11 ■weeks’ compensation for total incapacity from September 30, .1928 (up to which plaintiff had been paid) to December 16, 1928. when plaintiff was able to take up light work. The plaintiff also claimed a weekly payment of £1 6s. Bd., computed into a lump for permanent partial incapacity. For the defence Mr. Jackson said that the case, like other cases of its kind, depended on the medical evidence. There was, however, a strained conflict of medical evidence as to the work the plaintiff could do in the future, and he suggested that the matter be referred to a medical referee. After hearing the medical evidence for the defendant, His Honour said that the Court would select a medical referee, to whom the matter would be referred.