CLAIM FOR COMPENSATION.

New Zealand Herald, Volume LVI, Issue 17257, 5 September 1919, Page 8

CLAIM FOR COMPENSATION.

, <K> I ' INTERESTING POINT RAISED.! MONEY EARNED AFTER WORK. | - [BT. TELEGRAPH.—OWN COBRKSPONBEOT.] . CHBISTCHTTBCH. Thursday. An interesting point that was raised in a compewjation case heard at the Arbitration Court yesterday was whether a plaintiff was entitled, under the Workers' Compensation Act, to have taken into consideration money earned* at other than his regular occupation. In the cstie under consideration the plaintifl, who had met with injuries to his fight hand while working at Ibis trade as a fitter, had™ previously supplemented his wages by earning 15s per week playing the piano at dances. Mr. H. D. Acland, who represented the plaintiff, claimed that these additional earnings should be taken into consideration. Mr. .Justice Stringer remarked that if Mr. Acland's contention was right it would add new terrors to- the employment of men.

For the defendant, Mr. M. J. Gresson quoted an English judgment, in which it had been determined that a girl who earned 7s per week in a laundry and 3e per week, teaching pianoforte music wae not en titled to have the latter amount considered when the Court wag assessing the compensation she was entitled to. for an injury sustained in the course of her employment at the laundry. Beplying, Mr. Acland said that the case quoted by Mr. Grcseon was not identical with the one before the Court. In the English case the girl who was teaching music was an independent contractor. In the case before the Conrt the relationship of the plaintiff to the committee that employed him to play at the dances was that of master and servant.

Mr. Gresson interjected that there was no contract of service. Mr. Acland insisted that the relationship was that of master and servant. If he was instructed to play a reel he would have to do it. If the man had not met with an accident while doing his work as a musician he would have a claim to be compensated on the basis of what he could earn at his usual occupation.

His Honor asked Mr. Acland what the position of the employer would be under that interpretation if the worker was, unknown to his employer, a distinguished artist, say a contortionist, earning £-5 a night. Mr. Acland did not essay to reply to this query. His Honor said that the point was an interesting one, and the Court would take time to consider it.