SEAMAN'S CLAIM

Evening Post, Volume CXXVII, Issue 61, 14 March 1939, Page 10

SEAMAN'S CLAIM

COMPENSATION CASE

PITCAIRN ISLANDER

LINK WITH BOUNTY

A descendant of Fletcher Christian, one of the mutineers of the Bounty, was the plaintiff in a claim for compensation heard in the Arbitration Court today. He was Robert Elliot Christian, a seaman, and the defendant was the Union Steam Ship Co., Ltd. The case presented unusual features. Mr. W. E. Leicester, who appeared for the plaintiff, after stating that Christian was a Pitcairn Islander and a descendant of Fletcher Christian, said that in 1923 Christian became a seaman, and in 1934, while employed by the Union Company in.the Poolta, he was knocked down by a gangplank, receiving an injury to his left knee. He received compensation, and towards the end of 1934 the case was settled on the basis of a 50 per cent, loss of his leg, Christian receiving £295 in addition to the compensation previously received, making a total of £431. At that time medical opinion was that Christian might suffer from a semi-stiff leg. From February, 1935, Christian worked again, and while employed as an able seaman in the Holmglen slipped on some oil and hurt his knee. For that injury he received j compensation amounting to £37. In December, 1935, he received a clearance from the doctor to the effect that he was fit for work again, and he served in the Monowai and the Awatea. On August 27, 1937, while employed in the Maunganui, which was on an island cruise, he fell from a ladder on to the deck, injuring his knee. Counsel said that the ship's doctor and mate saw the injured man. Christian signed off the ship, and was laid up for almost a year, in plaster for a great part of the time. His condition was such that he was apathetic about taking legal action and counsel said that there was reasonable cause for non-commencement of action. Further, counsel contended, a man who signed himself off under the Shipping and Seamen's Act did not deprive himself of compensation. Prior to the last accident Christian had a pre-existing weak condition in his knee, and as a result of the accident he was now permanently incapacitated. Accordingly, he sought such compensation as the Court thought he was entitled to. THE DEFENCE. The defence was a denial of the allegations. If it were proved that Christian slipped on the Maunganui I the incapacity was due to serious injuries and a weak condition already existing in the left knee for which Christian had received compensation on two occasions. Christian had signed off the Maunganui without making any claim, and no notice was given of the accident till March 16, 1938. Mr. C. G. White represented the Union Company. (Proceeding.)