“A WONDERFUL BREED”

New Zealand Times, Volume L, Issue 11693, 4 December 1923, Page 5

“A WONDERFUL BREED”

WORKING AT 90 YEARS NONOL ENARIAN'S C LAIM FOR COMPENSATION. U.S.IS. CO.'S -GENEROUS OFFER.” An action, described by tho solicitor for plaintiff as unique in the recoid V>f compensation cases, came before His Honour, Mr Justice Frazer ami Messrs H, Hunter (workers' ropresen tative) and \V. Scott (employers’ representative) in the Arbitration Court yesterday. George Hvan, a waterside worker, who was injured in March of 1921, while employed by the I’uion S.S. Company on the wharf, and lost the sight of an oyo. claimed payment at the rate of £2 186 Cd per week as from September; 1923, and a lump sum representing the cash value <f these weekly payments for the remainder of the period of liability. “OF UKM ARK.A.B LE PHYSIQUE.’ ’ Mr OMlcguu said that the plaintiff was over 90 years old when he was injured, and had been working regularly on th*? wharf up to that time. Ho was a man of remarkable physique. Ho was a native of South Africa, being half Irish and half Dutch. flis Honour: It must be a wonderful breed. Continuing, Mr O'ltegan said that ! the Union Company had acknowledged I liability, and made weekly payments |up to September last, when these had j lx:on discontinued. The total amount ! paid had been £375, which was half , the amount of compensation for tho loss of an eye. Ryan was how totally '■ incapable of continuing work, and compensation was claimed as for total disablement. | PAID MORE THAN COULD BE CLAIMED. Mr C. G. White, for the defendant company, read a letter which they had received from Mr O’Regan, acknowledging that tho period of permanent disablement had passed. The company, ho contended, had paid plaintiff £SO more than could be claimed from them under law, and had been in no wav parsimonious in their treatment of him. If ho were no\v T incapable of working, his incapacity 1 was duo. not to h» accident, but to his age. Mr O’.Regan submitted that, aa plaintiff had worked regularly up to tho time of the accident, it was reasonable to assume that it was the accident, combined of ' course, with his age, which was now responsible for his incapacity. His Honour: But what proportion is duo to tbo accident, and waat to the man’s ago? Mr O’Regan: That we can’t say. His Honour: That is thq difficulty of the court, too. • The Union Company, he said, had apparently done all that could be required of it, and ho aid not see that plaintiff had any legal claim. “A GENEROUS OFFER/' Mr White said he was prepared to pay the costs of bringing plantiff’e action, and to comb to terms with him about a settlement. His Honour: That scorns a generous offer, Mr O’Regan. You had better accept it..

Mr O’Regan agreed to withdraw his claim, that a settlement might b<x arrived at by settlement.