COMPENSATION CLAIM

Greymouth Evening Star, 17 April 1934, Page 5

COMPENSATION CLAIM

STOCKTON MINER’S DEATH

COURT OF APPEAL HEARING [PEB PBESS ASSOCIATION.] WELLINGTON, April 17. The Court of Appeal has commenced the hearing of a case stated for its opinion by the Arbitration Court, involving a question of law under the Workers’ Compensation Act, 1922. The plaintiff, Doris Blenkiron, of Stockton, is the widow of Alfred Blenkiron, an employee of the WestportStockton Coal Coy., who was killed by an accident arising out of and in the course of his employment as a miner in the Company’s mine at Stockton in February, 1933. The defendant Company paid to the Public Trustee, on behalf of plaintiff, £659, and denied liability to pay more., Plaintiff claimed a further’ £340, on the ground that the average weekly earnings of deceased exceeded £6. The question before the Court, today, is what is the true basis upon which the average weekly earnings of deceased should be calculated and assessed, pursuant to the Workers’ Compensation Act.

On account of the shortage of orders received for coal, breakdowns, holidays, and strikes, the mines worked only 113 shifts during the 12 months prior to the death of deceased. Deceased worked 110 of these shifts, and three additional special shifts, receiving as total wages for the year £133. The point to be decided is whether compensation should be assessed as if deceased had worked full time during the year, instead of only partial time, owing to the partial cessation of mining operations by the Company.

Mr P. J. O’Regan is appearing for plaintiff, and Mr J. Stevenson, with him Mr H. J. Bishop, for defendant. The case is proceeding.

LIFE INSURANCE ACT

WELLINGTON, April 17

The Court of Appeal, last week, in-

timated' that it desired to hear further argument in the case of Tremain v. the Public Trustee, previously argued before it on March 21. The point involved is one of the construction of the provisions of the Life Insurance Act, being whether the provisions in that Act relating to the protection of policy moneys applied on the death or bankruptcy of the person insured, or a policy-holder. In the course of the hearing of argument, this morning, the Chief Justice stated that it was quite obvious that the provisions of the Act required careful revision, and re-drafting with precision.

The Court reserved its decision.