CLAIM DISALLOWED

Dominion, Volume 29, Issue 208, 30 May 1936, Page 16

CLAIM DISALLOWED

Butcher’s Injured Finger By Telegraph—Press Association. Dunedin, May 29. At a sitting of the Arbitration Court to-day a labourer, Robert Oliver, claimed £62/13/10 compensation from the New Zealand Refrigerating* Co., Ltd., for disablement from work between February 28 and March 20, 1935, and loss of the use of two joints of his left forefinger as the result of a cut received during the course of his employment. Mr. Justice Page presided and Mr. W. J. Mead appeared for plaintiff and Mr. F. M. Hannan for defend-ant-company. In evidence plaintiff stated that after the accident he had resumed his former occupation at the same wage, but his fellow-workers had complained to him that his work was not done properly. This was because his finger had stiffened and he could not grip properly. He had not received any complaint about inefficiency from the foreman butcher. At the commencement of the present season he had applied for his old position and was informed that he would be engaged when a vacancy arose. He not waited for this but had taken another position witli the firm penning sheep. His wages this year were slightly more than they had been over the same period last year, but wages had been higher. Medical evidence was given that plaintiff’s statement of the condition of his finger was a fair one. For the defence it was claimed that plaintiff had not suffered pecuniary loss, and it was stated that the com pany had no complaints to make about his inefficiency and was willing to engage him at his old occupation. Giving judgment for defendant com-

pany his Honour said that the evidence showed there had been no loss of earning power to the present date, and he had also decided that plaintiff was not entitled to a suspensory award, as it had not' been shown that in future he might no be able to earn approximately the same wage as he had done previously.