COMPENSATION CLAIM

Evening Star, Issue 19408, 17 November 1926, Page 6

COMPENSATION CLAIM

HORSE DRIVER'S IHJURY The Arbitration Court has given iff decision in the case in which Robert Statham, horse driver, claimed, compensation from John Daniel M Cuiay, carting contractor, for injury received, while he was in the employ of the defendant. ' . At the hearing plaintiff was represented by Mr P. B. Adams and defendant by Mr J. B. Callan. In giving the court s decision, xiis Honor Mr Justice Frazer said the accident and the employment were admitted. Tho substantial question in issue was the amount of the average weekly earnings of the plaintiff. Ihe plaintiff was employed as a laborer at a wage of £9 2s for a full fortnight of ninety-six hours. If ho did not worn full time in any fortnight, he was paid for the time actually worked at the rate of 2s per hour. He was employed by the defendant from May 11, 1925, to January 11, 1926, during which period he earned £l3l 6s. Tho evidence was not clear as to tho number of days during the period that were either recognised holidays or days on which the plaintiff absented hiresclt from work. There were, also, other days on which, by reason of wet weather or slackness of trade, no work was available. The evidence did not disclose tho number of these days. The plaintiff claimed that his average weekly earnings should be taken as being £4 lie. but the defendant contended that he should not be deemed to have been at work on the days on which work was not available by reason of wet weather or slackness of trade. If the defendant's contention was sound, the plaintiff’s average weekly earnings must be represented by a sum a few shillings Jess than £4 11s. The rule laid down in a case quoted was that tho standard week was, in the generality of cases, to be taken as the normal week. In the present case there was a definitely recognised standard week of forty-eight hours, it was not always worked, but tho nature and conditions of the employment were such as to make it clear that the standard week was forty-eight hours. In these circumstances the court was bound by the judgments to which reference had been made, to regard the plaintiff’s average weekly earnings as £4 11s. It was not to be understood, however, that a time worker’s earnings for a full week were in all cases to bo the measure of his average weekly earnings. When the nature and conditions of the employment did not permit a worker to perform more than a limited number of days’ work each week, and it was not contemplated that he would work a full week, the usual standard week of forty-four or fortyeight hours had in fact no existence, and the court must ascertain from the facts of the particular case what the normal week’s work consisted of, and compute the average weekly earnings accordingly. . » , The medical witnesses agreed that tho extent of the plaintiff’s permanent partial incapacity could not be accurately determined for some months. He was now fit for light work. Ho was entitled to full compensation to November 1, 1926, and to further compensation at the rate of £1 10s per week until the extent of his permanent partial incapacity (if any) was ascertained. He was allowed £1 medical fee, and £lO 10s costs, together with witnesses’ expenses, to be settled by the clerk of awards.