COMPENSATION TO WORKERS

North Otago Times, Volume C, Issue 13178, 6 October 1914, Page 5

COMPENSATION TO WORKERS

- AN INTERESTING jDECI'SION. ; (Per Press Association)., ',„' AVELLINGTON, October 5. Ciiii a right to compensation Biirviyc the death of a worker when ho leaves no dependents? This was 'tho:point involved in an action heard by Mr Justice Stringer, at the last sitting of the Arbitration Court in Wellington, judgment in which has now been received by tho Clerk of Awards. The case was'that of Harry Hodge, as administrator in the estate of his late sbji, Fred Harry Hodge, formerly; of Alton, Taraiiaki, against the Alton Cooperntivo Dairy Factory Coy, Ltd. On J'nuary 22nd, 1914, the deceased met with an-accident arising out of-his-cm-plpyhipht by tlfoj (lefenilafit 'compjiiiy, and in consequence lost the lower part of his right arm. While in the Patea Hospital he contracted typhoid fever as a result of which lie died on March 21th, 1914, The dofen'dant Company paid tho 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'tho time of his death, entitled under the Workers' Compensation Act to payment by tho defendant Com-' pensation for the loss of his arm, in accordance with the second schodulo to the Act, 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 been no con-' mutation of such payments, artd there being no one capablo of making application for such commutation, • it followed that the plaintiff was not-enti-tled t5 recover in this action.