COMPENSATION CLAIM.

Evening Post, Volume LXXXIII, Issue 71, 23 March 1912, Page 8

COMPENSATION CLAIM.

QUESTION OF AMOUNT. The question of the amount of compensation was in dispute in an arbitration case 'heard to-day between Chas. E. ftlardell, of Wellington, chocolate hand, and Mary. Jane Jones, of Wellington, widow, executrix of the will of Charles Henry Jones, lite of Wellington, confectioner. It appeared from the statement of claim that on 16th May, 1911, plaintiff was employed us a chocolate hand by C. H. Jones, trading as the GhampioL Company In tho course of his employment he sustained an accident by which he was totally incapacitated, and b.6 was for some months 7 an inmate of the Wellington Hospital, where his left l«g was "amputated as a result ot. the injury. Plaintiff averaged less than £2 per week. He had received from Jones weekly payments -of 131 < from the date of the accident up to 22nd September, and asked that this payment be continued oi ajump sum awarded. The defence denied permanent total incapacity, but paid £153 12s into Court, being the full compensation to which, plaintiff was entitled. Mr. P. Lovi appeared for plaintiff and Mr. P. J. O'Began for -defendant. For plaintiff it was argued that the case lnuet be treated as one of complete incapacity and that the Court should exclude the schedule from consideration altogether on the ground that m consequence of an old injury the effect of the second was to totally incapacitate plaintiff. Dr. Hardwick Smith, medical superintendent of -the Hospital, stated in hi& evidence that' plaintiif was absolutely unfit for manual labour if he were required to stand. Mr. Levi quoted several English cases to show that where the injury was more serious by reason of the pre-existing injury, compensation must, be paid acoordtogly. Mr. O'Regan said that was the first case of ite kind undei the schedule. The English cases did not apply, because the schedule was peculiar to the New Zealand Act. The plain intent of the schedule was to pay compensation for the specific injury mentioned unless there was total incapacity, in which case the Court might ignore the schedule and rely on section S of the Act. The Court reserved its - decision.