A COMPENSATION CASE

Manawatu Times, Volume LXXVIII, Issue 12910, 6 October 1914, Page 5

A COMPENSATION CASE

"CAN A EIGHT TO COMPENSATION SUB VIVE THE PEATS OF A WORKER WHEN HE . LEAVES NO DEPENDENTS!"

Press Association—By Telegraph. WELLINGTON, Oct. 5.

This was the point involved in am aetion heard by Mr Justice Stringer at the last sitting of the Arbitration Court in Wellington, judgment in wich has now been by Clerk of Awards. The owe was that of Harry Hodge as administrator «f the estate of his late son, Fred Harry Hodge, formerly of Alton, Taranaki, against the Alton Co-operstive Dairy Factory Co., Ltd. On January 22nd, 1914, the deceased met Vth an aaeident arising out of his employment by the defendant Company and in consequence lost the lower part of his light arm. While in the Pate a Hospital he contracted typhoid fever, as a result of which he died on March 24th, 1914. The defendant Company paid the amount payable in respect of the total incapacity of the deceased up to the time of his death. The plaintiff claimed that the deceased was at the time of his death entitled under the Workers' Compensation Act to payment by the defendant Company of compensation for the loss of his arm in aoeordance with the seeond schedule to th# Aet, and that such right was a vested right and therefore had been transmitted to him as the administrator of the estate of the deceased. His Honour ruled that the right to the weekly recurring payments having ceased owing to the death of the deceased, and there having beea no commutation of such payments, and there now being no one capable of making application for such commutation, it followed that the plaintiff not entitled to recover In this aatiou.