ARBITRATION COURT.

Auckland Star, Volume LIX, Issue 229, 27 September 1928, Page 7

ARBITRATION COURT.

ELDERLY MAN'S CLAIM.

COMPENSATION AWARDED.

DOCTORS DISAGREE

A claim for f 1000 compensation, Te>3 amounts already paid, was made in the Arbitration Court thie morning by Frederick Edwin Good, labourer, of Birkenhead, in respect t<« an accident which befel him on August 3, 1927, while he was employed working a hand winch on a scow at JJortheote. The action was defended by the Birkenhead and Korthcote Gas Co., Lui., in whotc employ plaintiff was at the time.

Plaintiff, who is sixty-ctgfct years of age, contended that he was rendered totally unlit for work as a result of an abdominal rupture which lie suffen-J while pulling toi toi out of the ga.company's land. He fixed his average weekly earnings at £4 8/, and admitted that already he had been paid £10U 15/8 compensation.

Medical evidence tendered was at variance, Drs. dc Clive Lowe, K. G. Dudding alhd F. Macky agreed that plaintiff was unsuited for any but very light work, whereas for the defence Dr.«. A. l>l. Grant and C. G. Aitkeu assessed his incapacity at 00 per cent of total incapacity.

Iα reviewing the evidence and submissions by counsel (Mr. T. .1. Fleming for plaintiff and Mr. G. I*. Finlay for defendant), Mr. Justice Frazor said the question was a simple one. It was admitted that plaintiff wad incapacitated very seriously, and all the court was required to do- was to apportion the extent of incapacity. They considered the c&timate of tac witnesses for the defence too low, and would assess plaintitTs incapacity at SO per cent of total incapacity. Judgment was accordingly entered for compensation at that rate for the remainder of the period of liability, which expires after six years or at death.