CLAIM FOR COMPENSATION

Otago Witness, Issue 3455, 1 June 1920, Page 5

CLAIM FOR COMPENSATION

RIGHTS OF MINORS UPHELD. In two judgments by the Arbitration Court upon condensation claims, which were recently heard in Dunedin, an important point respecting the full rights of minors to compensation is decided. l!he first decision was in the claim of lan Lawrie Marshall (by his guardian ad litem) v. the New Zealand Coal and Oil Company, Ltd. The plaintiff is a lad of 17 years, and it was admitted that on May he met with an accident arising out of, and in the course of, his employment by the defendant company, as the result of which he suffered the total loss of his left eye. The question submitted to the court was whether compensation was to be assessed under the provisions of section 8 of the Workers' Compensation Act, 1908, it being contended for the defendant company that, by virtue of section 4 of the amending Act of 1913, section 8 of the original Act was excluded from operation in the case of a minor where the injury (as in this case) resulted in permanent partial incapacitation. With this contention the court did not agree, the President stating its interpretation in the following terms: —"We think that the purpose and intention of section 4 of the amendment Act was to provide a special and artificial basis for the tion of compensation in the case of minors, apprentices, and improvers, in lieu of the general basis for assessment of compensation provided in section 5 of the original Act for injuries to workers generally, and in sections 6 and 7 for injuries to the special class of workers mentioned therein; .but that in all other respects it was not intended to modify the general provisions of the Act, of which section 8 s is one. It is clear that section 4 of the amendment Act cannot be construed as a self-contained and complete code for the assessment of compensation for injuries to minors resulting in permanent partial or total incapacitation, as it merely provides a basis of computation; and section 5 of- the original Act must be invoiced for the purpose of ascertaining what is the proper amount of compensation, and whether it is to be paid by a lump sum or by weekly payments —if the latter, how long such payments are to be continued."

The court ruled that the plaintiff was entitled to compensation on the basis of his average weekly earnings, to be ascertained as provided under section 4 of the amending Act, for the period of his total incapacitation ; and, farther, to a lump sum in accordance with section 8 of the Act for the loss of his eye If the parties cotdd nob agree as to the amount, leave was reserved to make application to the court to fix the

amount, and £lO 10s costs, disbursements, etc., were allowed the plaintiff. A MILL HAND'S CLAIM. The other case was that of Leonard Gordon Scoble v. Martin Kean and Magnus George Tait. The plaintiff, a young man, 20 years of age, met with an accident while working on a thrashing mill en the farm of the defendant Tait, as a result of which he suffered the permanent loss of the use of his left eye. It was admitted by both defendants that the plaintiff was entitled to compensation, but ,the two questions which were raised were (1) whether at the time of the accideirfc he was in the service of the defendant Kean (the mill-owner) or the defendant Tait (the farmer for whom Kean had contracted to thrash the grain); and (2) the basis of compensation, the plaintiff being a minor. As to the first point the court • held that the plaintiff was in the service of Kean, and on the second point it ruled in accordance with the decision in the case set out above. Therefore its decision was that the plaintiff ,was entitled to judgment against the defendant Kean for half wages during- the period of his total incapacity, and for a further lump sum under the second schedule of the Act. Leave was reserved for either party to make a further application to the court in the event of any inability to agree regarding the amount of compensation, and the plaintiff was allowed £lO 10s costs, witnesses' expenses, disbursements, etc.