ACCIDENTS TO WORKERS

New Zealand Herald, Volume LX, Issue 18348, 14 March 1923, Page 10

ACCIDENTS TO WORKERS

RIGHTS OF DEPENDANTS.

RULING BY THE COURT.

SEPARATE AND INDEPENDENT.

[BY TELEQaAPH.— ASSOCIATION.] WELLINGTON. Tuesday. Under the Workers' Compensation Act the right of a dependant to compensation is something separate from and independent of the right of an injured worker. Accordingly, where a worker has been injured by accident in the course of his employment, and is paid a lump sum in full settlement of his claim, pursuant either to an agreement with his employer or to the judgment of the Court of Arbitration, should ho subsequently die of his injury, his dependants are entitled to further compensation, amounting to the difference between that paid to tho deceased in his lifetime and the maximum recoverable. Such is the effect of the judgment of tho Court of Arbitration in tho case Little v. Robert Holt and Sons, sawmillers, of Horopito, just delivered. Tho deceased, S. George Frederick Little, was a sawmill worker employed by tho defendants. On November 0,9, 1919, ho mot with an accident causing severe head injuries, as the result of which ono eye had to be removed. He was totally disabled for some months. Little's claim was subsequently settled bv agreement. Ho was paid £1:50 10s. Shortly afterwards he returned to work, and appears never to have quite recovered from the effects of the injury. On April 23, last year, he was seized with an opdeptic fit, as the result of which he died. Subsequently his widow, Hilda Mary Agnes Little, sued the defendants for the sum of £247 10s, being the difference between £500, the maximum recoverable at the data of the accident, and that paid the deceased in his lifetime. Plaintiff also claimed £31 Is, medical and funeral expenses. The case was heard before tho Court at Palmerston North on February 14. After dealing with the medical evidence in detail, tho judgment continued:—"We aro satisfied, after discussing the matter with Dr. Hay, that the evidence is far more consistent with death being caused by epilepsy duo to the after effects of the original injury to the skull than with any other theory. Judgment was entered accordingly for the plaintiff for £247 10s compensation, £31 Is medical and funeral expenses, and £15 15s costs, witnesses' expenses and disbursements to be settled by tho clerk of awards.