COMPENSATION FOR' HAND INJURY
Judgment Of Court Of x Arbitration Judgment for plaintiff was delivered by the Court of Arbitration at Wellington in a case in which Albert James Stewart, labourer, claimed compensation from the Wellington City Council for an injury to his hand which he received while emptying a sack of rubbish into a dust cart in May, 1936. The judgment stated, that the city corporation had paid Stewart compensation at the rate of £3/4/-'for a week to October 30, 1936, and denied further liability beyond weekly compensation as from the date of the la«st payment to December 18, 1936, amounting to £22/9/9. Plaintiff, on the other hand, claimed weekly payments to date, and such additional compensation by way of commuted weekly payments as might be reasonable. “Here the medical evidence is all ope way,” the judgment of the court stated. “Plaintiff is suffering from a neurasthenic condition, the sequel of an injury by accident. It is unfortunate for both parties that, owing to a combination of circumstances, the court has not sat in Wellington for a considerable time. Had the defendant, at the time an offer of settlement was made, tendered to the plaintiff or his solicitor an amount equal to full compensation to the date of the offer and three months in addition, the court would be constrained to hold, in accordance with the princples laid down as set out in this judgment, that the offer was a sufficient one, and judgment would have been given accordingly. As such an offer was not made it would be unreasonable now to penalise the plaintiff, whose solicitor made all reasonable efforts to have the case disposed of. Accordingly we have decided to allow full weekly compensation to date, and 13 commuted weekly payments, in addition.” Seven guineas costs were allowed, also an allowance of £2/2/- for each medical witness.
Mr. F. W. Ongley accepted judgment for the plaintiff, and Mr. J. O’Shea, city solicitor, for the city corporation.
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https://paperspast.natlib.govt.nz/newspapers/DOM19380326.2.104
Bibliographic details
Dominion, Volume 31, Issue 154, 26 March 1938, Page 13
Word Count
329COMPENSATION FOR' HAND INJURY Dominion, Volume 31, Issue 154, 26 March 1938, Page 13
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