WORKERS’ CLAIMS FOR COMPENSATION

Dominion, Volume 31, Issue 129, 25 February 1938, Page 8

WORKERS’ CLAIMS FOR COMPENSATION

Court’s Practice In Cases Of Neurasthenia “TOO TENDER” IN OPINION OF CITY SOLICITOR A suggestion that the court was far too tender in dealing with, cases of neurasthenia was made by the Wellington city solicitor (.Mr-.T. O'Shea) during the hearing of a worker's claim for compensation in the Court of Arbitration -at Wellington yesterday. Mr. O'Shea said that under Ihe Workers’ Compensation- Aet very generous and very proper provision had -been made for the benefit of employees who had been injured through no fault of their employers. Too often, however, the granting of compensation in certain cases had resulted in a weakening of the moral fibre of, the worker. /

“There are some men of not very strong character who, after they have been off a while, become work shy and get into ,-Knervous condition,” said Mr. O’Shea. “They make no attempt to get out of it, apd their complaint is called neurasthenia. Now 1 , neurasthenia may- be anything—a serious physical breakdown, shattered nerves, or just pure imagination. This neurasthenia business is getting to 'be a joke. The court is far too tender. It is doing these men a moral injury -by encouraging them. If it were not for the tenderness of the court we would not hear so much about neurasthenia,” Mr. Justice O’liegan, who presided, said that there were neurasthenia cases in the reports where the neurasthenia was not the result of the accident, -but was due to the man's brooding on his condition. The authorities were quite plain that in that case compensation was not payable for the condition. He was satisfied that the present case was not in that category, and that plaintiff’s condition was perfectly genuine. It is hardly correct for Mr. O’Shea to say that the court in dealing with this class of case encourages men to refuse settlements,” said his Honour. “The court has made it quite clear a long time back that, generally speaking, what it does in neurasthenia cases is to award compensation to date and three mouths’ ahead. The court has laid it down, that if an employer or his insurer offers compensation to date and three months' ahead, the man refuses that offer at his i>eril. In other words, the court will not allow more, and had such an offer been made in this case we would have observed the usual rule.” Plaintiff was Albert James Stewart (Mr. F. W. Ongley), who claimed compensation from the city corporation for an injury received at work on May 29. 193 G. Ho said he was emptying a sack of rubbish ou to a dust cart when he 0 Ipped, striking the small of his back on the iron bar of the cart. He had, been, earning fl 10/- a week, and bad received compensation until October 30, 1936. Ho claimed £3/4/3 a week from then until now.

Mr. OlShea said the corporation contended that its legal liability had ceased on October 30, 1936. It was willing, however, to pay him up to December 18, 1936, the date originally suggested 'by the corporation in an endeavour to settle the case.

After hearing evidence for both sides, the court awarded compensation to date and three months’ ahead, a total of £263/8/6.