NEW COURT ADVOCATED.

New Zealand Herald, Volume LXVII, Issue 20595, 20 June 1930, Page 13

NEW COURT ADVOCATED.

WORKERS* COMPENSATION.

REPORT, of commission.

COMPULSORY INSURANCE.

PAYMENTS FOR INJURIES.

■ [BY TELEGRAPH.— OWN CORRESPONDENT.] WELLINGTON, Thursday. The setting up of a separate Court to deal with compensation cases and important alterations in the law are recommended in the report of the I"!oval Commission on the operation of tho Workers* Compensation Act. Tho principal recommendations are as follows: (1) The establishment of a separate Workers' Compensation Court similar in constitution to the Arbitration Court. (2) Insurance' to bo compulsory on employers and wage statements to be supported bv a statutory declaration. / (3) Where a dependant is not a resident of New Zealand the principle of reciprocity to be incorporated in the Act as laid down in Ontario. (4) In the calculation of compensation the principle of providing for dependency to bo introduced. (5) An increase from £SOO to £SOO in the minimum payment in the case of

death. (6) In claims for damages for nonfatal injuries arising out of tho negligence of a fellow servant tho maximum liability to bo increased from £IOOO to £1250.

(7) One hundred per cent, compensation for the loss of an only eye, less tho amount already paid for tho loss of sight, and compensation for the' partial loss of gjjlit in excess of 50 per cent. (8) An allowance of up to £25 for medi- ' cal, surgical and hospital treatment, ineluding first aid. (9) Compensation not to bo a disqualification for tho old ago or widow's pensions. (10) Adoption of the principle of the English Act in regard to industrial diseases and additional diseases to bo added Extension of Scope. The commission also recommends that ! the scope of tho Act bo extended to include persons employed otherwise than by manual labour whoso remuneration reaches £520 a year, instead of the prosent limit of £400; that the definition of the be enlarged to include share-milkers; that tho Act should ulso cover workers such as taxi-drivers operating on a commission basis and casual workers employed not for tho purpose of any trade or business carried on by the employer (with a three days qualification); and that the Judge have discretionary power to deal with claims y here employment is technically illegal. "In view of the evidence submitted by the • employers'- representatives," the reJ port states, "we are not unanimously agreed that all the more highly-rated industries are at present iu a position to bear the cost of the improved benefits ye recommend, but we are agreed that from a social and humanitarian point of viow the amendments ffiggested aro desirable." • Relieving Arbitration Court. Elaborating their proposal for a separate Court for tho hearing of compensation cases, the commissioners stato that oS recent years there have been luanv complaints owing to delays, the Arbitration Court, from pressure of work, being unable to visit centres sufficiently often to enablo compensation - cases to be dealt with expeditiously. "We have carefully considered the suggestions," the report adds, "and wo are unanimous in the recommendation that a separate Court be established to deal principally with workers' compensation cases. The Court to be constituted similarly to the present Arbitration Court, and to be vested with the powers now exercised by that Court in regard to compensation matters, "It will be noted that we recommend that tlie proposed Court should deal principally with workers' compensation cases, the inference being that the Court might deal with other matters, as, for instance, assisting, in any industrial arbitration work that might be allotted to it. A\e think, however, that it would be misleading to suggest that tho proposed Court might notTbe fully occupied with compensation work.. More Work Anticipated. "fast experience indicates that amendments to the Act have a tendency to increase the number of cases coming before the Court, and we have no reason to believe that such would not be the case again. Indeed, we suggest the separate Court so that more cases may come to it than now go to the present Court, because we have very strong reasons to believe that rather than wait for the Court, as the parties-are compelled to do, claims aro settled by agreements which are some(iineo unsatisfactory, and the .Act itself is th»n blamed for faults which are not inherent but arc due to delays in admin- - ist ration. "The cost should not bo considered a serious objection," says the report, "as it seems evident that the Legislature would be called upon to provide some means of expediting the work of the Arbitration Court, even if amendments to the Workers' Compensation Act had not become necessary." / The commissioners remark that cases of hardship arise through the failure of some employers to insure. They therefore recommend that insurance be compulsory on all employers except the Crown, local and other public authorities, and any other employer who, in tho opinion of tho Workers' Compensation Court, has adequate financial resources to meet all possible claims under the Act for five yearg, and who obtains a certificate of exemption from the Court. Audit of Wage Accounts. It is considered that a statutory duly should be imposed on every employer to keep a careful and accurate account of all wages paid, and to render a correct account to his' insurance office whenever required, accompanied by a statutory declaration. Employers' wago accounts should 1)0 open to audit by an authorised representative of the insurance office and penalties should be provided for wilful breaches of these provisions. ' In recommending the principle providing for dependency, the commissioners say thrv regard such a system as more equitable, more particularly with respect to the lower-paid workers. To effect tho change without imposing too great a bnrden on industry, it is suggested that the present maximum "weekly payment in cases of incapacity, of £4 a week, should be reduced to £3, with an additional allowance of £1 for a wife and 5s for each child under 16 years of age or other dependant,, but in no case to exceed 100 per cent, of the worker's average weekly earnings, with a maximum of £4 10s. The commissioners consider that no compensation should be paid unless the worker has been a resident of New Zealand for two years, except where the Court is satisfied that the disease is not due to other causes than his employment in New Zealand*