ARBITRATION

Dominion, Volume 6, Issue 1614, 4 December 1912, Page 4

ARBITRATION

. TWO COMPENSATION CLAIMS. FATAL ACCIDENT. RUN OVER ON GLASGOW WHARF. Two claims under the Workers' Compensation Act wero heard by the Court of Arbitration yesterday. Mr. Justice Sim presided, and sitting with him as assessors were Messrs. Win. Scott, employers' representative, and J. A, M'Cullough, employees' ' representative. The first claim was. the outcome of a fatal accident that, occurred on the Glasgow Wharf alongside the steamer Kumara on January 6 last. The plaintiff was Emma Rickman, widow, of Marton, and the defendants were the Shaw, Savill and Albion Co., Ltd., a company duly- incorporated and carrying on business as shipowners at Wellington and elsewhere. . Mr. E. J. Fitzgibbon appeared for Mrs, Rickman, while Mr. M. Myers appeared for the Shaw, Savill and Albion Co., Ltd. From the statement of claim it appeared that on January 6 last Alfred 'Rickman (husband of the plaintiff) was working a crane on Glasgow Wharf unloading cargo from the steamer Kumara, which is owned by the Shaw, Savill and Albion Co., Ltd. He had occasion to leave the crane, and was crushed between the crane and some passing trucks. As a result of the injuries sustained, ho succumbed next day. Mrs. Ripkman had heen living apart from her husband, but she alleged that she was a partial dependant of him. and that up to August, 1911, he had made her payments, averaging £2 per month. His average wages were, she said, J!i per iveelt. She claimed .£4B as compensation and «E9 16s. 6d. funeral expenses. The Shaw, Savill and Albion Company said ,that deceased's wages, averaged onlv ',£3 2s. 4d. per week, and not ,£4 per week as alleged. They denied that the accident arose out of or in the course of the deceased's employment, and denied also that Mrs. Rickman ivos a partial dependant of the deceased. , . Evldenoo was oalled la support of tho I Jos MsmJtoi.

Myers contentocl tiwself with merely addressing the Court. Decision was reserved..

hit by cargo. IN HOLD OF THE ATHENIC. An accident that occurred in the hold of the Athenic, while the vessel was lying at the Queen's Wharf on March 2a, 1912, was responsible for the second claim that came, before the Court. Tho parties wore William Joseph' Sellnrs, wharf labourer, of Wellington, plaintiff, and the Shaii', Savill and Albion (Jo., Ltd., »i.company duly incorporated and carrying on business as shipowners in "Wellington and elsewhere,- defendants. Mr. T. M. Wilford appeared for Sellars, while Mr. M. Myers appeared for the Shaw, Savill Company. ■; On March 25 last, the Athenic, which is owned by tho Shaw, Savill and Albion Co., Ltd., was discharging cargo at tine Queen's Wharf. Sellnrs was working in one of the holds when a packago of tarpaulin fell out of one of the slings, struck him, and knocked him down. He was injured in tho neck and head (it was alleged), and also sustained hernia. On July 18 he entered the hospital to undergo an operation. He is at the present time fast recovering, and lids medical advisers doclare that ho will soon completely recover. His average earnings were _ <£3 2s. ■Id., and tho Shaw, Savill and Albion Co. recognised his claim by paying him M lis. 2d. .a week up to July G, 1912, but they declined to liiako further payment. Sellars now asked the Court to order the Shaw, Savill and Albion Co. to pay him ,£] Us. 2d. per week from July 6, 1912, up to tho termination of /his period of incapacity. ' By way of defence the Show, Savill and Albion Company denied liability for payment of any further compensation. Evidence was called on both sides, and after hearing counsel, the Court reserved decision.