LABOURER'S CLAIM

Evening Post, Volume CXIX, Issue 104, 4 May 1935, Page 10

LABOURER'S CLAIM

RATE OF COMPENSATION

QUESTION FOR;COURT

The extent to which a worker shoult be compensated for an injury, having regard to the fact that he had worked for two employers during the preced* ing twelve months, was a question argued in the Arbitration Court today, ' Joseph Eric Tikey, labourer, of Petone, claimed compensation' additional v,to that already paid by the Amalgamate* Brick and Pipe Co. (Wellington), Ltd., in respeot of an injury to his left hand received on April 3, 1934. ■' Mr. Justice Page presided, and asso« ciated with him were Mr, ,W., Cecil Prune and Mr. A. L. Monteithl ""' ' It was common ground that the plain* tiff had been paid compensation at the rate of £2 10s a week from the date of the accident until January 25, 1935, and thereafter at the rate of £1 10s 2d a week. The compensation claimed was for the period from January 25 on« wards. , 'The defence pleaded that the full compensation payable to the plaintiff was £1 14s Id a week. Mr. O. C. Mazengarb appeared for the plaintiff, and Mr; D. W. 'Virtu* for the defendant company. The case turned on the nature of the plaintiff's employment with the defendant «*i«nßany and with the Wairarapa Electric Power Board during a specified period, counsel for the plaintiff contending that it would be unfair to assess the rate- of compensation on the average weekly * earnings made while working for the defendant com? pahy alone, and while work was avail* able for him at the defendant's- works. It was stated that the plaintiff, who would suffer, a,permanent partial disability to his hand,»had received altogether in compensation £127 35.3d. Mr. Virtue said that the company" wanted to be perfectly fair to. the plaintiff, and, in his opinion, it had made an over-payment of compensa- , tion up to January 25.. Decision was reserved' on the' legal points, and a further medical witnesf will be heard on. Wednesday, *