COMPENSATION. CASES BEFORE ARBITRATION COURT.

Grey River Argus, 11 October 1922, Page 3

COMPENSATION.

CASES BEFORE ARBITRATION COURT.

_ - CIRCULAR SAW ACCIDENT. WELLINGTON, October 9. The Arbitration Court sat to deal with compensation cases. His Honour Mr Justice Fraser vTas on the bench, and had associated with him Alessrs W. Scott (employers’ representative), and Air U. J. Reardon (employees’ representative). M liile employed in the workshop of Alunt, Cottrell and Co., on October 13 l of last year, Lawrence Afaloney, a coaehbuildcr, had a thumb lacerated as the result of having it caught in a circular saw. The accident caused the joint of the thumb to beome permanently stiff, and his earnings in his new occupation had thereby diminished. Plaintiff had been paid 13A weekly payments of £3 (is each, representing 55 per cent, of his average weekly earnings. At the time of the accident. Maloney received £G per week, but since he had only been able to earn £5 Ss 9d per week. Plaintiff claimed the difference between the amount he was able to earn before the accident and the amount since the accident. The defence was that plaintiff had not been incapacitated from earning the present award rates. The court held that plaintiff was entitled to the actual loss for incapacitv, which, the court assessed at 5s pOr week, and under the Act the plaintiff was entitled to 55 per cent, of that amount, with £7 7s costs. Air 11. E. Evans appeared for the plaintiff, and Air G. G. Watson for the defendant. A LOST KIDNEY. As the result of a fall from a horse while working on a farm at Masterton, H. E. K. Cleaver had to undergo an operation which resulted in the loss of a kidney, causing him to be incapacitated from his work, and he thus claimed compensation. Air. F. Ward appeared for the plaintiff, and Air H. E. Evans for the Ocean Accident and Guarantee Corporation, Ltd. The case had been partly heard in Christchurch, where considerable medical -evidence was called. Dr. C. Faulko stated yesterday that the plaintiff, in has opinion, would not be in any way disabled in future as the result of the , loss of a kidney. lu giving the court’s decision, His Honour stated that the case was a most unusual one. Th-c main conflict of evidence was in regard to the duration of the incapacity. The court’s decision was for the payment of 55 per cent, of £2 5s per week for the iirst six months (24s 9d) per month, amt 55 per cent, of 15s for the throe months following (8s 3d) one penny per week in order to keep the matter alive. That would allow the testing of Dr Eaulke’s theory. Costs (£lO 10s) were allowed. INJURY TO SEAAIAN. The third case heard was in respect of a seaman’s claim for damages totalling £lO7 10s arising out of an accident on the s.s. Huia at Wanganui. The parties were Harry Mandell, seaman, plaintiff, and Charles W. Williams, owner of the Huia. The facts were that the plaintiff returned to his vessel, and lit the lamp on the gangway. While in the act of descending the gangway he slipped and fell and injured his right shoulder. The defence contended that the plaintiff was drunk at the time of the accident. Air P. J. O’Regan appeared for the plaintiff, and Air W. N. Matthews for the defendant.