SUSPENSORY AWARD

Evening Star, Issue 22773, 7 October 1937, Page 14

SUSPENSORY AWARD

COMPENSATION CASE POINT RESERVED FDR ARGUMENT [Per United Press Association.] AUCKLAND, October 7. To enable counsel to prepare argument on an important point uncovered in a compensation case, the Arbitration Court to-day adjourned the hearing until October, 18. W. J. Yeo, storeman, claimed a declaration of liability and compensation for alleged incapacity due to the results of hernia suffered while stacking barbed wire as an employee of Pearson, Knowles, and Bylands New Zealand Ltd. Ho had been paid the full wage of £4 7s 6d weekly since the accident. The question before the court was his future status, and Mr Justice O’Regan said there was no claim for compensation because the plaintiff had been paid full wages. It was equally clear that there was no jurisdiction to make a declaration of liability. Such could be made only where no disability had appeared to the date of hearing. Where there' was fear of future disability involving danger of a compensation claim lapsing through the passing of time it had been got over by a suspensory award with a nominal weekly payment. He doubted whether- the court had t power to make such an award, because no compensation, , was payable. The court had power, however, to make a-, suspensory- order- without - nominal payment. This -would keep plaintiff’s diaim alive indefinitely as against an aggregate term of six. ’ months udder an award with payment. , Mr Here, for the defendants, contended that indefinitely did 1 not mean for the plaintiff’s lifetime. His Honour; It would he open, I think, for either of the parties to move the court to vary the order at any time. The judge said the court wished to hear the point fully argued, and appointed October 18 for the purpose.