WOMAN’S INJURY

Waikato Times, Volume 127, Issue 21259, 1 November 1940, Page 12

WOMAN’S INJURY

LUMP SUM AWARDED SOCIAL SECURITY POSITION (By Telegraph.—Press CHRISTCHURCH, Thursday What was described as an anomalous position under the social security legislation was brought to the notice of Mr Justice O’Regan in the Compensation Court to-day by Mr K. J. McMenamin. He pointed out that, were an elderly woman to receive compensation in weekly payments, she would be deprived of her social security benefit and consequently be worse off than she would have been without making a claim. The claim was that of Catherine Atwood against Humphrey Weld and George Marmaduke Weld, trustees j of the estate of John Weld, for com- : pensation for injury received when ! she slipped on a ripe apricot while j chasing sheep off deceased’s lawn w’hen in his employ on February 7, j 1940. John Weld died in May. Mr Alan Brown represented defendants. ; Plaintiff sought payment in a lump sum. but defendants wanted to make weekly payments. Would be Worse Off Mr McMenamin said plaintiff had received 30s social security benefit in addition to her keep, which was valued at £1 a week. If compensation were awarded in weekly payments of £2, as fixed by law, she would be 10s a week worse off than when she was able to do light work. Mr Brown said that it was unfair to penalise defendants when it was admitted that plaintiff was not a healthy woman and that she might not have a great expectation of life, being 72 years old. His Honour said he, would give judgment for plaintiff, on consideration that the medical evidence stated that the accident had taken four years off her life. Payment would be made in a lump sum, because of the effect it would have in rehabilitating her health. Judgment was given for £390.