IN A LUMP SUM

Evening Post, Volume CXXX, Issue 107, 1 November 1940, Page 5

IN A LUMP SUM

COMPENSATION DECISION

CASE OF AN ELDERLY WOMAN

(By Telegraph—Press Association.)

CHRISTCHURCH, October 31

What was described as an anomalous position under the existing social security legislation was brought .to the notice of his Honour Mr. Justice O'Regan in the Compensation Court this afternoon by Mr. K. J. McMenamin, who said that, were an elderly woman to receive compensation in weekly payments she would be deprived of her social security benefit and consequently be worse off than she would have been without making the claim.

The claim was that of Catherine Atwood against Humphrey Weld and George Marmaduke Weld, trustees of the estate of John Weld, for compensation for an injury received when she slipped on a ripe apricot while chasing sheep off the defendant's lawn while in his employ on February 7, 1940. John Weld died in May.

Mr. Alan W. Brown represented the defendants. The plaintiff sought for payment in a lump sum, but the defendants wanted weekly payments.

Making his submission, Mr. McMenamin said that Mrs. Atwood had received 30s social security benefit in addition to her keep, which was valued at £1 weekly. If compensation were awarded in weekly payments of £2, as fixed by law ,she would be 10s a week worse off than when she was able to do light work.

Mr. Brown said that it was unfair

to penalise the defendants. It was admitted that the plaintiff was not a healthy woman and that she might not have a great expectation of life, being 72 years old.

His Honour said he would give judgment for the plaintiff on consideration that the medical evidence stated that the accident had taken four years off her life. Payment would be made in a lump sum, because of the effect it would have in rehabilitating her

Judgment was given for £390 10s 6d,