COMPENSATION CASE

Dominion, Volume 31, Issue 252, 21 July 1938, Page 16

COMPENSATION CASE

Concern Over Appeal Court’s Decision

RIGHTS OF WORKERS Concern exists in trade union circles over the recent decision of the Court of Appeal in a case under the Workers’ Compensation Act, 1936, in which the court found that the certificate of the Wellington District Medical Committee was conclusive evidence that a worker had wholly ' recovered rrom an accident, and that the Arbitration Court had no jurisdiction to consider the claim. The case referred to is that of a waterside worker, Edward James Ashley, who, when working for the Shaw, Savill and Albion Co., LL'd., in 1937, was struck on the chest and- injured by a falling trestle. Having made a ciaim for compensation, he submitted himself in September, 1937, to examination by the Wellington District Medical Committee, consisting of Drs. E. Gordon Anderson, D. Whyte, and JM. Tbwigg. The committee’s finding and certificate was to the effect that plaintiff had recovered from the effects of the injury, but that he was unfit for work by reason of heart disease, which was not influenced or caused in any way by the accident. Defendant thereupon ceased the payment of compensation. Plaintiff, however, not being satisfied, brought an action in the Court of Arbitration, to which defendant pleaded that the certificate of the committee was conclusive evidence that pialntiff hhd wholly recovered from the accident and that the court had no jurisdiction to consider the claim. Those points were reserved for the Court of Appeal.

The opinion is held that the decision deprives a worker of the right to have his ease heard by the Court of Arbitration, and that this was not the intention of the Legislature. Trade union officials maintain that when the Bill was passed it was the general opinion that the Court of Arbitration would have the last say. It is now apparent that the Court of Appeal’s decision holds that the doctors have the final say. It is claimed that the Act should not be so construed as to present the workers from having the right to go to the Court of Arbitration. I is the intention of the New Zealand Federation of Labour to take further action.