HOTEL FIRE CLAIMS

Greymouth Evening Star, 10 September 1931, Page 2

HOTEL FIRE CLAIMS

NOVEL POINT OF LAW.

[PEB PBESB ASSOCIATION.]

WELLINGTON, September 10. Three employees, George Michael Skone, Mary Margaret Park, and Ruth Jones claimed compensation in the Arbitration Court to-day, from Mary Catherine Hyde, administratrix of the estate of Henry Bruce Hyde, formerly the licensee of the Panama Hotel, on the grounds that in endeavouring to escape from the burning building, they suffered injuries including burns, which resulted in a certain degree of disablement. The defence denies liability on the ground that the accident happened after working hours, and therefore, did not arise out of their employment. . Mr O’Leary, for the defendant, said it seemed rather extraordinary there was no authority whether a fire causing injury meant that the accident arose out of the employment. It was important, if -it was the law that an accident arising out of the fire, <was an accident arising out of employment and especially important to hotel oi other employees living on the premises. He submitted that to arise out of employment, the accident must be due to the risk of the employment,.as distinguished from being a risk which would equally operate whether the person -was, or was not, thus employed. If ail accident is caused by something unconnected with employment, it does not arise out of employment. The words “out of” necessarily ■ involv'ed the idea that an accident arises out of a risk incidental to the employment. ■ It was submitted that for an injury to rise out of employment, it must be shown that the worker was exposed to special risk in respect of it. That ■was based on the ground that a fire was a risk of a general nature. His Honor remarked that the case was interesting and the Court would give a written decision.