COMPENSATION CLAIM

Dominion, Volume 27, Issue 38, 8 November 1933, Page 7

COMPENSATION CLAIM

Injury to Wrist and Hand Compcusatiou for au accident occurring while he was employed by the Bhtiw, Savill and Albion Company, Limited, was claimed in the Arbitration Court yesterday by Albert John Simpkin, waterside worker, of Wellington. The medical evidence showed that plaintiff should undergo further treatment and the case was adjourned sine die. compensation to be paid in the meantime. The stulenient of claim set out that the accident happened in December, l*j;i2. Two/cases weighing about two hundredweight were slung one on top of the other in a sling, and, as it landed, the sling spun round, the top of the case fell off and caught and injured plaintiff’s right wrist and hand as it fell. It was claimed plaintiff had sustained total temporary disability and incapacity to work. His average weekly earnings at tlie time were £4 8/-. Plaintiff had received compensation up to January 14; 1033. He claimed a weekly payment of £2/18/8 for the period of tofal incapacity computed into a lump sum iu accordance with the Act and £1 medical fee. The defence was a denial that plaintiff was incapacitated as a result of the accident, he having returned to work and continued at it for several months. The compensation paid him up to January IB was claimed to be all he was. entitled to. In adjourning the case sine die and ordering full compensation to bo paid from April 20 and until a further order, His Honour Mr. Justice Frazer said that the company had been practically forced to contest the ease owing to the jteculiar circumstances under which Simpkin had returned to work. He had been given a medical certificate that was distinctly misleading and by that had been led to return to work when, by the doctor’s own diagnosis, t it was unwise for him to do so. It might have been due to kiudhearteduess, but it bad been the cause of expense. Mr. F. W. Ougley appeared fur the , plaintiff and Mr. 11. F. O’Leary for the defendant.