LOSS OF AN EYE

Evening Post, Volume XCIX, Issue 123, 25 May 1920, Page 8

LOSS OF AN EYE

ARBITRATION COURT'S

DECISION.

(II TELEGRAPH. —PRESS ASSOCIATION.;

DUNEDIN, This Day.

The Arbitration Court 'has filed its decision in a claim by a man named Lowrie Marshall by his guardian ad litem (New Zealand Coal and Oil Co., Ltd.). Plaintiff is a lad of seventeen, and it was admitted that he met with an accident arising out of or in the course of his employment by defendants, as a result of which he suffered total loss of his left eye. • •

The question submitted for the Court was whether compensation was to be assessed under the provision of Section 8 of the Workers' Compensation Act, 1900, it being contended for the defen-. dants that by* virtue of Section 4 of the' amending Act of 1913, Section 8 of th« original Act was excluded from operation in the case of a minor where an injury resulted in permanent or partial incapacitation.

With this contention the Court did not agree, the President stating : "It is clear that section 4 of the Amendment Act cannot be construed as a self-contained and complete code for the assessment of compensation for injuries to minors resulting in permanent, partial, or total incapacitation." The Court ruled that plaintiff ires entitled to compensation on the basis of his average weekly earnings, to be ascertained as provided under section 4 of the Amendment Act for a period of total incapa.cita.tion, and, further, to a lump sum in accordance with section 8 of ttie Act for loss of his eye.