INJURY TO WORKER.

New Zealand Herald, Volume LXVIII, Issue 20901, 17 June 1931, Page 5

INJURY TO WORKER.

COMPENSATION AWARDED. FALL IN SHOWER ROOM. . [IIY TELEGRAPH. —rRESS ASSOCIATION.] NELSON, Tuesday. An interesting .point was raised in the Arbitration Court when Robert Riach Rao cla.inecl compensation from the Orekaka lion and Steel Company (in. liquidation), for an injury to his foot received by a fall in the shower room at the works. In giving judgment, Mr. Justice Frazcr said tho case involved two principles in compensation law. One was that a person who was required to work in. or about certain premises was covered under a locality risk, and the other was tire distinction between privilege and duty. *' Referring to the locality principle, His Honor quoted the. case of a sailor who fell down a manhole while washing his clothes. Tlie reason lie was given compensation was that he h;;d to live on the ship and there was an undisclosed peril (the manhole) into which ho fell. In the case before the Court, the employee was living in conditions similar to the sailor on the ship, and the accident arose from the locality where the employes had to be. There was a concrete floor in the shower room, made slippery by the use of soap. For the Act to apply., the employee must be doing his duty and not exercising a privilege. Evidence had been given by the manager, plaintiff and the union secretary that owing to the prevalence of septic wounds among the men, an instruction had been issued that men should take baths, and the natural interpretation had been given to the instruction, which seemed to be generally understood. It was the. custom of the .men to use the showers after work, and it would be impossible to say it was not a reasonable extension of his employment time. It seemed to be the duty of the men under control of their employment to cleanse themselves after leaving off work. Tl;e injury arose out of the worker doing what was his duty. Judgment was given for plaintiff for £42 10s, £lO 10s costs and witnesses* ex« penses.