Compensation Claim by Freezing Worker

Manawatu Times, Volume 70, Issue 283, 30 November 1945, Page 6

Compensation Claim by Freezing Worker

Judgment for plaintiff was entered by Mr. Justice Ongley in the Compensation Court at Palmerston North yesterday morning in the case in which Leslie Wells, freezing worker, of youth Street, Feilding, claimed compensation from Thos. Bortfiwiek and Sons Ltd., as the result of an alleged accident on July 13, 1943. Mr. G. E. Rowe appeared for the plaintiff and Mr. G. 1. McGregor, for the defendant company.

The statement of claim set out that Wells was employed by tho company as a freezing worker on or about July 13, 1943. In the course of his duties, plaintiff, while loading out mutton from the freezing chamber, received injuries to his knees, the accident arising out of, and in the course of his employment. As a result, it was claimed, tliat Wells was totally incapacited from August 2, 1943 to February 8, 1944, a period ot 27 weeks and one day. Plaintiff received £95 compensation from the company, but further compensation had been refused. Plaintiff’s average earnings while employed by the company exceeded £7 per week. While incapacitated and at tho request of a registered medical practitioner, plaintiff incurred expenses travelling from Feilding to Palmerston North for medical treatment. He claimed compensation at the rate of £4 lUs per week from August 2, 1943 to February 8, 1944, less the sum of £95 paid; £7 10s travelling expenses; £1 medical expenses; costs of, and incidental to the court action; such further and other relief as the court might deem plaintiff entitled to.

The statement of defence denied that the plaintiff was totally incapacitated for the period stated, and that the company had paid only £95 and refused payment of the full compensation claimed. It denied liability for medical treatment and travelling expenses, stating that in any event such expenses were not recoverable. As a further defence, it was alleged that plaintiff, without the knowledge of the defendants, had deferred proper and adequate attention to his knees so that when he entered hospital he could have treatment for certain conditions independent of tho accident, and arising neither out of, nor in the course of his employment by the defendants. Had plaintiff had active attention to his Knees in tho early stages following the accident, it was. claimed, he would have been able to return to his work in September 1943. Defendants, in ignorance of the true position, had paid compensation until’ January 1944 to plaintiff. Defendants had piiid plaintiff an amount more than suliicient to cover the compensation due and travelling expenses, if such were recoverable, and in equity and law should receive back from the plaintiff the excess amount he had so received.

After the hearing of evidence, his Honour found that the plaintiff had actually received £lls compensation, lie also found that he was not entitled to receive travelling expenses, although under a later amendment to the Act such were recoverable. He found that there was no evidence of incapacitation beyond January 1914, and, in entering judgment for the plaintiff, with costs, he awarded compensation at a rate of £1 10s from August 2, 1913 to January 27, 1944, less the sum of £lls which had already been paid. Medical expenses \v r ere allowed.

His Honour will hear two furthe :ascs today.