Whangarei Compensation Case

Northern Advocate, 30 November 1939, Page 8

Whangarei Compensation Case

[Special to “Northern Advocate ”l AUCKLAND, This Day.

Edward George Davis, a motor lorry driver, aged 27, who was the victim of a level crossing accident at Whangarei on September 9, 1938 brought a claim for compensation against his employer, Stephen Geoige Bignell, of Whangarei, carrier, in the Arbitration Court yesterday. The court awarded a sum of £232. The defendant admitted that the accident arose out of plaintiff’s employment, and the matter in dispute was the extent of plaintiff’s injuries ,md the resulting liability.

Plaintiffs Claim,

Davis had been allowed by his employer compensation totalling £9O 7/8 up to March 31 last. He claimed compensation at the rate of £3 2/4 weekly up to the present dale and such further relief as the court considered just. He claimed to be totally permanently incapacitated, but the defendant alleged that Davis had wholly or partially recovered from the effects ol the accident.

Mr Webb, for Davis, said that when Davis’s truck was struck by a train at the Kensington Avenue crossing, Whangarei, he suffered a fractured right forearm, fractured ribs, facial injuries and a broken shoulder blade.

Unusual Circumstances,

The circumstances were unusual. Davis had contracted infantile paralysis as a child, and it was thought he was quite unable to work. In 1937 he was certified for an invalidity pension, but by his own perseverance he had worked himself into a position in which he could earn full wages as a lorry driver. He claimed that by this accident he had been reduced from full-earning capacity to practically nil.

Evidence regarding plaintiff's physical condition and prospects was given by Dr. W. C. McCaw for the plaintiff, and Dr. M. Axford for the defence.

A Difficult Care

Mr Justice O’Regan said the case was admittedly a difficult one. The court had agreed to allow £B4 3/- for the period from March 31 to the present date, a lump sum of £147 11/3 for the remainder of the six-year period of liability, and £1 medical expenses, making a total of £232 14/3, with £8 8/- costs and witnesses’ expenses.