IMPORTANT POINT IN COMPENSATION LAW IS RAISED

Greymouth Evening Star, 20 September 1949, Page 5

IMPORTANT POINT IN COMPENSATION LAW IS RAISED

WELLINGTON, This Day (P.A.).— The Court of Appeal is today hearing argument in a case stated by the Judge of the Compensation Court for its opinion. Tui Fenton, of Oaonui, was on May 10, 1948, employed by Thomas Borthwick and Sons (Australia) Limited as a slaughterman when he cut the tendons of the middle and ring fingers of the right hand. This impaired his grip to such an extent that he could not continue as a slaughterman, but for other types of work his disability is only slight. As a result of this injury his earnings dropped by £3 2s 9| a week. He issued proceedings under the Workers’ Compensation Act, claiming an award for weekly compensation at the rate of £2 7s Id a week, being 75 pep cent, of his loss of earnings. When the case came before the Compensation Court, counsel for Fenton contended that as a result of the 1947 amendment of the Workers - Compensation Act all time limits on the operation of orders’ for weekly compensation had been abolished and that the order sought by Fenton should run for the balance of .his working life. For the defendant is was pointed out that this contention would involve ultimately the payment of £l5OO for this minor injury, - as had Fenton completely lost the two fingers by amputation he would ceived a maximum of £216 on the basis of a schedule injury. •The Judge of the Compensation Court expressed the opinion that the point raised in the plaintiff’s submission was of the very greatest importance to workers and to those responsible for paying compensation, and decided to reserve the questions for the Court of Appeal. Subsidiary questions raised in the case stated relate to the power of the ; Court to treat a non-schedule injury on the basis of a schedule one under the powers given by section 41 (3) of the 1947 amendment. (Proceeding).