COMPENSATION CLAIM.

Hawera Star, Volume XLVI, 30 September 1926, Page 5

COMPENSATION CLAIM.

UNUSUAL FEATURES PRESENTED. EARNINGS NOT AFFECTED. An unusual case, the first of its kind to come before the courts, was heard at New Plymouth on Tuesday, when Richard S.' Carlson, of Eltham, Public Works employee, proceeded against the King for compensation for the loss of his eye through an accident on the public works on September 4, 1925. ( Mr P. O’Dea. appeared for claimant, and Mr C. H. Weston, Crown Solicitor, fori the .Crown. . | . • Counsel for the claimant, said he would like to voice his appreciation of the. consideration shown by the Crown Solicitor at We lington (Mr .1. Prendeville). The. Workers’ Compensation Act provided that all claims must be made within six months of the accident. In this case Carlson had allowed nine months to go by, and his claim was consequently barred. The Crown, however, had very generously waived this defence. The on y dispute remaining was as to the method of assessment, and the facts were unique. No bad effects from the accident were at first felt by the claimant, who continued at his work. SIGHT TOTALLY GONE.

The eye. however, grew gradually worse, and six weeks from the accident the' sight, was totally gone. This, however, did not affect the earning power of Carlson, who continued to earn his full earnings as before. Counsel’s contention was that, even though earning capacity were, not apparently affected, as in this case, the claimant was still entitled to the full compensation, and re'ied on a dictum of Mr Justice Sim for this proposition. Counsel submitted, that Carlson was entitled to six weeks’ wages at the schedule rate and a lum.p sum calculated on the present worth of weekly payments for a, period of six years. Mr Weston, for the Crown, said that the Crown Law 'Office at Wellington desired a ruling, as there was no decision in England or New Zealand on this point, and it was one which might crop up at any time. His submission was that Carlson was not entitled to any payment up to the date of hearing, as he had earned full wages up' to that time. He submitted that the amount awarded should he the present worth of the weekly payments for the six years, less the period for which lie had already worked and been paid. The President of the Court (Mr Justice .Frazer) said the question was. a difficult one. and the Act was not very (I'iear. Decision wa« reserved.'