INTERPRETATION OF CLAUSE 10.

Otago Witness, Issue 2861, 13 January 1909, Page 31

INTERPRETATION OF CLAUSE 10.

MR SKERRETT'S OPINION. WELLINGTON, January 11. ' Mr C. P. Skerrett, K.C., has given an opinion regarding the mining trouble. Mr Skerrett says : — " Section 10 of the Workers' Compensation Act is extremely difficult to construe. To entitle the worker to compensation under the section he must be able to establish that he contracted the disease within 12 months previous to the date of disablement. It is difficult to see how either the mineowners or the insurance companies can ' possibly dispense with the periodical examination of miners under the law as at present framed. At present the mineowners are only liable if the disease is contracted within 12 months previous to the date of disablement, and only continue to be liable if death or incapacity occurs within 12 months after the worker ceases to be employed by the employer. Without medical examination it is plainly impossible to tell when the disease has been contracted, and it is therefore essential for the employers and the insurance companies to have a periodical examination of the workers for the purpose of ascertaining whether the disease was contracted within 12 months of the disability or death. /6o long, therefore, as the law remains in its present condition it seems to me impossible to dispense with a periodical examination of the men. Directly the Government insurance policies expire the position will be exactly the same as it is to-day. The same questions will arise, and the same precautions will be necessary, except, of course, so far as they may be affected by the new legislation, the nature of which it is impossible to predict." The Advisory Board of the Employers" Federation met this afternon to consider Mr Skerrett's opinion on the situation. It was decided to convey to the Government the board's regret at the action taken in connection with this matter, it being he!d~4.hat the interests of the mine- • owners had not been sufficiently considered, and that the attitude of the Government was very unfair to the insur- , ance companies doing business in the Dominion. Exception was also taken to the fact that the Government communicated its intentions to the Miners' Federation, and did not at the same time make known its decision to either the mineowners or the Employers' Federation. | The question was not comprehensively discussed, as the affiliated bodies are being communicated with, and upon receipt ot their replies further action will be taken by the Advisory Board. It was also resolved that the foregoing protest be sent on to the Prime Minister.