WORKERS'COMPENSATION FOR AdCIDEKTS.

Otago Witness, Issue 2848, 14 October 1908, Page 33

WORKERS' COMPENSATION FOR AdCIDEKTS.

IMPORTANT AMENDMENTS. (Faou Our Own Cobkeseojjdent.) WELLINGTON, October 5. The Labour Bills Committee to-day reported the Workers' Compensation -Bill with amendments. "Worker," under a new definition, includes apprentices engaged in manual or clerical work, but not those whose average weekly earnings exceexi £5. The sum payable to partial dependents on the death of a worker, instead of being left to the discretion of the court, is to be three times the benefits received by them from the deceased during the preceding 12 months, but not to exceed m the aggregate a sum payable under preceding provisions. Where the worker's ordinary rate of pay was not less than 30s a week the weekly payment during total incapacity shall be not less than £1. With respect to casual workers employed as wharf labourers, the average weekly earnings shall be deemed to be not less than a full working week's earnings at the ordinary rate, though he may not have worked the full week, and compensation shall be computed accordingly, ,bnt shall not be less than £1 per week. Clause 8. has been altered to read as follows :-r" When a worker is at the time of the accident under the age sxi 21, and his incapacity, whether total or partial, is permanent, his average weekly earnings shall be deemed to be not less than £2 per week, at>d the reduction of Ills earning power stiall l>e deemed to be not less than the difference between that sum and the weekly sum which he will probably be able to earn after attaining the age of 21 years. Clause 17 is amended so that proceedings for a recovery of compensation, etc., shall be in the Court of Arbitration. Clause 56 has been struck out, and a new clause inserted as follows :—": — " In any case where an" application is made in the prescribed manner to the judge of the Arbitration Court under the Industrial Conciliation and Arbitration Act, the court, after taking steps to ascertain the views of the employers and workers, certifies that any scheme of compensation, benefit, or insurance for the workers, whether or not such scheme includes other employers and their workers, is, on the whole, not less favourable to. the general body of workers and their dependents than the provisions of this act, the following provisions shall apply : — (a) The employer may, until the certificate is revoked, contract with any of those workers that the provisions of the scheme shall be substituted for the provisions of this act, and thereupon the employer shall, as respects the workers with whom he so contracts, be liable in accordance with the scheme in lieu of this act, but save as aforesaid this act shall apply, notwithstanding any contract to the contrary made after the coming into operation of 'The Workers' Compensation for Accidents Act, 1900.' (b) The court "may give such certificate to expire at the end of a limited period, to be specified therein, being not more than five years. (c) No scheme shall be so certified which contains as obligation upon the workers to join the scheme as a condition of their hiring. (d) If during the currency of the certificate complaint is made to the court by or on behalf of the employer or the workers, or a majority of them, that the provisions of the scheme are no longer, on the whole, so favourable to the employers or to the general body of workers and their dependents as the provisions of this act, or that the provisions of the scheme are being violated, or that the scheme is not being fairly administered, or that, satisfactory reasons exist for revoking the certificate, the court shall examine such complaint, and if satisfied that good cause exists for such complaint shall, unless the cause of complaint is removed, revoke the certificate, (c) When a certificate is revoked or expires, any moneys or securities held for the purpose of the scheme shall bo distributed as may be arranged between the employer and workers, or as may be determined by the court in the event of a difference of opinion. (f) Every decision of the court under this section shall in such manner and on such terms as are prebcribed be subjected to review by the Court of Arbitration, whose decision shall be final. (g) For the purposes of this section, it shall be the duty of the employer and workers to answer all such

inquiries and to furnish "all such accounts in regard to the scheme as may be made or required by the court." t , The second schedule (in regard to t ratio of- compensation to that ior total incapacity) fias been materially altered, and now reads as follows : — ' ' Loss of both eyes, loss of both hands, loss of both feet, loss of a hand and a foot, total and incurable loss of mental powers involving inability to work, total and incurable paralysis of the limbs or of mental powers, present value at 5 ncr cent, interest of the full weekly compensation as for total permanent incapacity ; total loss of the right arm or ot the greater part of the arm, 80 per cent, j total loss of the left arm or of the greater part of the arm, 75 per cent, j total loss of the right hand or of five fingers of the right hand", ' or of the lower pa.rt of the right arm, i 70 per cent ; total loss of the same for the left hand and arm, 65 per cent. ; total loss of a leg, 75 per cent. ; total loss of a foot or the lower part of the leg, 60 per cent. ; total loss of the sight of one eye, together with the serious diminution of ' the sight of the other eye, 75 per cent. ; \ total loss of hearing, 50 per cent. ; total l loss of the sight of one eye, 30 per cent, j '■ total loss of the thumb of the right hand, 30 per cent. ; total loss of the thumb of 1 the left hand, 25 per cent. ,- total- loss of the forefinger of the right hand,, 20 per • cent. ; total loss, of the forefinger of the left hand ; 15 per cent. ; total loss' of part I of the thumb of the right hand, 15 per : cent. ; total lpss of 'the little, finger oi the ' hand, 12 per cent. ; total loss of the nfiddle or ring finger of the hand, B'per cent. ; total loss of a toe or of a joint of a finger, 5 per cent ; complete deafness of one ear, 10 per cent. In the case of -the loss of several members, the reduction * of wages to correspond io the sum of the { relative quota of the single reductions, ' but must not exceel in all 80 per cent.