ARBITRATION COURT.

Dominion, Volume 1, Issue 38, 8 November 1907, Page 6

ARBITRATION COURT.

COMPENSATION CASES. The Court resumed its sittings yesterday morning. Mr. Justice Sim (president) and Messrs. R. Slater (workers' representative), and S. Brown (employers' representative) took their seats at 10.30. INJURED ON THE WHARF. Antonio Frankenbcrg, Cuba Street, claimed £300 from Messrs Huddart, Parker and Co. in respect of an accident which occurred on May 24, 1907, at tho Queen's Wharf. Mr. O'Regan appeared for claimant' and Mr. Tripp for the Company. Mr. O'Regan said that the case had. been brought for the Court to assess the amount which claimant should receive. At the time of tho accident, claimant was engaged discharging cargo from tho s.s.'Zealandia. Two railway sleepers slipped from a sling and . jambed his hand against a stanchion. Dr. Ewart deposed that he had attended claimant. It had been necessary to amputate tho index and middle finger of his left hand. The third finger, which had been fractured, was now.so stiff that it was practically useless. ■To Mr. Tripp: Claimant's general 'health was good. Claimant gave evidence that he had not been able to do any work on the wharf since the accident. Ho had one child. To Mr. Tripp: He had received 295. sd. per week from the company since the date of the- accident'. ■■ • ■ ' Mr. O'Regan said that claimant preferred that-a lump sum should be awarded him. Mr. Tripp remarked that his clients wished to leave the matter to tho Court. The Court held that claimant was entitled to £230 (in addition to tho amount ho had already received, viz., £34), with costs £5 55., disbursements and witnesses' expenses. A FALL DOWN A HOLD. David Henry Tobin, 18, Ghuzneo Street, claimed £300 from the New Zealand Shipping Company in respect of an accident which occurred on March 15, 1907, at the Queen's Wharf. Mr. O'Regan appeared for claimant and Mr. Myers for respondents. Mr. O'Regan stated that claimant wits engaged in discharging cargo from tho s.s. Turakina when he fell down the hold, a distance of 35 feet, sustaining tho following injuries — left thigh fractured, lef hip dislocated, right collarbone broken, spinal injuries, wounds to the head and general internal injuries. The claimant was, he said, permanently incapacitated. He might mention that respondents had since the accident paid claimant a larger sum weekly than was required under tho statute.

Dr. Ewart described the nature of the injuries claimant had sustained. In his opinion, claimant would never bo ablo to work again; indeed, it was doubtful whether he would ever bo able to walk. * Jlr. Myers said the main facts were not disputed. Respondents wished the Court to assess the amount which claimant should receive, as other interests besides those, represented in New Zealand, were involved. .: The Court awarded claimant £220 (in addition to the amount already paid to him, viz., £69,185. 6d.), with costs £5 35., disbursements and witnesses' expenses. AWARD CANCELLED. ..,.:, The Court then proceeded to consider an application for the cancellation of an award of 4s. per week made, on March 21, 1903; in favour of Thomas Phillips, 18, Herald Street, who lost an cyo as the result of an accident which he sustained whilo working as an assitant boilcrmakcr in Mr. Seager's establishment. Mr. Blair, who appeared for Mr. Seager, said the ground of the application was that Phillips' earning "capacity was equal to or greater than his earning capacity at the time of the accident. Ho called evidence to show that Phillips' average earnings prior to tho accident were £2 4s. 2d. per week, and that for a period of three years subsequent to the date of the award he had been employed by tho "Wellington Gas Company at the rate of Is. per hour., Phillips could, ho said, earn £2 6s. per week if he worked full time. Mr. Wilford, who represented Phillips, said that although Phillips had been paid at tho rate of Is. per hour, it had not been proved that his earnings had averaged £2 4s. per week. He submitted that the Court should not cancel the award. , , _Tho Court held the evidence showed that Phillips' earning power had not been diminished as a result of the accident. Tho award would, therefore, he cancelled as from October 14, tho dato of the last payment. Tho originial declaration of liability .would stand and, if at any timo Phillips could show that his earning'power had been reduced as a result of the accident, ho could mako a further application to the Court. INJURED ON A TRAM-LINE. Adolf Suell claimed £1 per weok (and that tho same might be commuted for a lump sum) from the Campbell Land and Timber Company, Limited, in respect of an accident which occurred to him at their sawmill at Te Horo on April 17, 1907. Mr. Treadwell appeared for tho claimant, and Mr. Mcnteath for the respondents. Claimant deposed that he was in charge of two ompty trucks which were being drawn up a hill when he slipped, and the trucks passed over his kft leg, causing a fracturo. He was in the Mspital for nineteen weeks. When tho accident happened, ho had been in the respondents' employ only one and a half weeks. Ho was paid at tho ratp'' of 9s. per day. At present he was drivipg a milk cart for a farmer, but received only his board in return.

Dr. Fyffe gave evidence that claimant was hardly able to bend his leg, which was now four and a half inches short. ' In his opinion, the young man would not be able' to do heavy work again.

Dr. Bigg gave evidence to the same effect.

Evidence on behalf of the respondents was given by Dr. Faulkc, who was of opinion that, as a result of the. accident, claimant's earning power had been diminished by ono .shilling per day. The' Court held that claimant was entitled to £260, and gave judgment for that amount, with ten guineas costs, disbursements, and witnesses' expenses. ' The Court then adjourned. On Monday, at 10.30 a.m., the Court will deliver judgment on the question of the validity of the Cooks and Waiters' recommendation, and fix a date for the hearing of the dispute between the union and the employers. Subsequently, the Wellington Building Trades Labourers' disputes will be taken. The Plasterers' dispute will come on for hearing on Tuesday, the Timber Yards and Sawmill Workers' dispute on Wednesday, and the Butchers' dispute on Thursday.