ARBITRATION COURT.

Otago Daily Times, Issue 13945, 3 July 1907, Page 3

ARBITRATION COURT.

COMPENSATION CASE.

ALLOWANCE REDUCED TO Id PER WEEK.

(Peb United Pbess Association.)

. . NAPIER, July 2. A point of considerable interest in conflection with compensation for injuries has just been decided by the Arbitration Court. At tho last sitting of tho court in Napier 'limorhv M'Carthy applied for tho enforcement of an award made in November, 1905, in claimant's favour for loss of his arm when employed by Roes and Son at Port Ahuriri, such award beinc; for 10s weekly until the sum total of £300 was made or tho samo ended or redeemed under tho provisions of tho act. A counter claim was filed by tho respondents to havo payments extinguished on the ground that M'Carthy ivas now earning the same wages as at tho time of the Accident. . The court's reserved judgment is as follows:-" If in tho present caso, claimant had been applying for an award tho court could not havo awarded him more than a nominal amount iii rc-spect of tho period since lie obtained his present employment, and it follows, therefore, that payments under existing order of tho court should be reduced toi a nominal amount. Tho court, has power to mako a reduction operate retrospectively as from the date on which the claimant's incapacity coascd, and we mako an order reducing the ■amount of tlio award to Id per week as from February 26, 1907. If at any time hereafter the claimant is unable, owing to his injury, to earn at least £1 pet* week, ho may apply to this court to increase tho weekly payment."