Anomaly Arises In Worker Compensation

Chronicle (Levin), 9 December 1949, Page 7

Anomaly Arises In Worker Compensation

JVHLLlNGlON, I)ec. -8. \ The Court of Ap.peal today gave jndg i ment m an important test case on the 2 interpretation of the 1947 ameiidment \ to the Workers' Compensation Act. Tht 2 case was staied for the opinion of thi j Court of Appeal by tue Judge of tlie 2 Compensatioa Court and involved Tui \ Fenton,- of Oanui, Taranaki (plamtiff; ^ and Thonias Borthwicli and Sons (Ausi.ralasia-) iuniited (defeud.int1). - The Court of Appeal, in ausweruig 4uestions submitted by the Cony .ui.sa | tion Court, held that Fenton. was en (.itled/ to liave his compensation assess | ed on the basis of loss of earnings and was not obliged to accepi an . ward * based on a comparisoil with a sciieduir.injury. He is thus to receive £2 7s ld i weekly until' the award, is reviewed oi ' until he dies or has ear' or received tn compensation a total. of £1500.. ' This decision, which is of great i?ii ■ portance to workers and insurers, estal; | fishes that the 1947 amendnient of tfu Workers' ' Compensation Act has tlie effect of conferring on a worker wii.i las received an injury for which com pensation is pavable and which is m. ,'i 'ScheduJe injurv but crea s a loss o-

vages, a right to receive conipen-atio. ••o loug as his loss of earnings exists until the sum of £1509 ha- n paie him applies whether the injury. is a minor or severe one and thus a worKe susfaining a minor non-schedule mjur. may ultimatelv receive far more o.1 vvay of compensation than a workei .vho has snstained a schedule injury oi a more serious eharacter.