WORKERS' COMPENSATION.

Dominion, Volume 3, Issue 930, 24 September 1910, Page 11

WORKERS' COMPENSATION.

. MIRAJIAR"FATALITY; , Tho . Arbitration Court ''dealt./yester-day-'.with questions arising out of.'two eases under the Workers' : Compensation Act. Mr. Justice Sim (president) aiid Messrs. W. Scott (employers' representative) and J.- A. M'Citllougli (workers', representative) were; on tho bench. ■ ' /A/ point .'arising'"oHo- of the case of Jones, v. Sanders Bros., which was heard' and'.decided (jit Wednosday. last, was brought up by Mr. A. A. S. Meiiteath.. In this caso Elizabeth Jones, widow of a labourer who met -witli "his death at tho -Miraniar.-cutting 'on June .6 last, had proved; a claim against Sanders Bros., contractors, for the loss of her husband. Compensation to , the amount, of £418 7s. Kad been awarded for, tho.benefit of the .widow 'and her children. / ' - Mr. Menteath referred to. Section 21 of the Workers'" Compensation Act', lie, contended .that as tno'deceased, was killed ,by accident'on June 6 last, and tho: \vrit was issued . within three mouths of tliat date, the Court ht'u no jurisdiction to "award, compensation. Tllreo months should have beeii - allowed to elapse after the fatality, and then, if; no -proceedings had been Jaken by aiiy .legal representative' of the /.deceased, tho dependents could sue. His. Honour said: the question was not one of jurisdiction, but .of procedure. The Court lied given -judg--ment, and/was satisfied that the defendants ' could'. pay over tho 'money without any serious risk, of a: further claim being made by any. representa'tive of- the- deceased, y - '/. ■';/ ■ 1 ■ /..-Mr. P. J. ■ O'Regan appeared for Mrs. Jones; but hisV Honour: signified that it; would not .be, hear; him. -. A QUESTION OF EARNINGS; , . Some, .discussion.:between. Bench and. Bar took place! on tlie 'claim of 'Sydney'' St. John Lidiard, master of the steamer /Pi 'Tm . Toi,. "against; Frederick Jredalo .for /compensatiou for total -blindness. Defendant^.who;was represented by Mr. l\- S. ;,'U'estou,\ applied ..for security for costs. Mr. ,1\ J; O'Regan appeared for Lidiard. ■ . //.- . •: Mr. AVestoii, in explaihing tiie reason for making/tho. application,,/said that : the' claimant had been earning more, than £5 a . week. and .therefore did not como under tho Workers'. Compensation Act.. It had been admitted' that his wages .were £2-10 a year, : and in, addition, he was kept on. boal'd, :wh.ich was equivalenli to more than t'ne' balance .'required to make up. the £280.. -i Mr.O'liegan, ; ;being ..asked./by- *tlio judge how he could' show that; claiinant was a. worker uiider the Act, said lie.;,,y,:oukl : show 'that, during/: the. eight 'hidiiths he .was employed ;' Dy /Ire'd'ale,■he speht 76. days/at-hoine,:so that the' cost/ of, his/keep to his/employer, was. not 1 , as alleged. . The, motion was dismissed, and on the > application of Mr. ,o'Eegan,: an' order.' w:as made for the. medical evidence of Dr. Lindo Ferguson, of Dunedin, to be taken by tho Clerk of .Awards at that place. ./-//'v /