WORKERS' COMPENSATION ACT.

Colonist, Volume LVI, Issue 13592, 6 October 1914, Page 5

WORKERS' COMPENSATION ACT.

[United Press Association.]

Wellington, Oct. 5

Can a right to compensation survive the death of a worker when he leaves no dependents ? This was the point ininvolved in an action heard by Mr. Justice Stringer at a sitting of the Arbitration Court in Wellington. His Honour's Judgment has now been received by the clerk of awards. The case was that of Harry Hodges, as administrator of the estate' of his late son Fred Harry Hodge, formerly of Alton, Taranaki, against the Alton Co-opera-tive Dairy Factory Company, Ltd. On January 22nd, 1914, the deceased met with an. accident^ arising out of his employment by the defendant company, and in consequence lost the lower part of his right arm. While in the Patea Hospital he contracted typhoid fever, as a result of which he died on March 24th, 1914. Tho defendant company paid the amount payable in respect of the total incapacity of the deceased up to the tinio of his death. The plaintiff claimed that the deceased was at the time of Ins death entitled under the Workers' Compensation Act to payments by the defendant company of compensation for the loss of his ar,m in accordance- with the Second Schedule to the Act, and that such right was a vested right and therefore had been transmitted to him as the administrator of the estate of the deceased.

His Honour ruled that the right to the-, weekly recurring payments haying ceased owing to the death of the deceased, and there having been no-com-mutation of such payment, and there being now no one capable of making apnlirotion for such commutation;, it MJowed that the plaintiff was not entitled to recover in this action.