COAL MINER'S CLAIM

New Zealand Herald, Volume LXXIII, Issue 22401, 23 April 1936, Page 17

COAL MINER'S CLAIM

INJURIES TO SPINE AWARD OF COMPENSATION A claim for compensation against the Wilton Collieries (1934), Limited (Mr. Hore), was brought in the Arbitration Court yesterday by Alfred Leslie Lines, coal i;liner, of Glen Massey (Mr. C. J. o'Regan)..<The plaintiff was the victim of an accident in the Glen Massey mine on April 29, 1935, when a loaded truck went over his back, fracturing his spine in four places and fracturing his left collarbone. The company, which has ,made payments amounting to £B6 14s 4d, admitted that Lines had been totally disabled until the end of last month. The question for the Court was the period, if any, of total incapacity still existing, and the amount of permanent partial incapacity. In giving the Court's decision the president, Mr. Justice Page, said the case had given the Court quite a little difficulty. They realised that the .man had had a serious injury to his back, and they felt that he should get some substantial compensation. They found that the agreed average weekly earnings of the man over the previous 12 months were £2 19s 2d. Those were small earnings for a man employed in mining work, but the Court did not see any escape from the decision and the statute; and what they had to decide, notwithstanding the injury the man had sustained, was whether in the future his earning capacity by reason of this accident would be affected so as to bring his earnings below this £2 19s 2d. The conclusion the Court had como to was that except for a period of three months it had not been shown that his earnings wduld be less than that. For a period of ttree months he should be given full compensation. The whole weight of evidence was that at the end of three months, he should he fit for light work, and thus his earnings should not be less than £2 19s 2d. He would be awarded seven weeks compensation to date at £1 19s 5d weekly, and '« further 13 weeks at the same rate. The total compensation would be £39 ss. In addition the plaintiff would be allowed a first-aid fee of £l, solicitor's fee £7 7b, and two medical witnesses' expenses at £2 2s each.