ARBITRATION COURT

Dominion, Volume 8, Issue 2413, 19 March 1915, Page 9

ARBITRATION COURT

COMPENSATION CASES

ACCIDENT AT A FLAX-MILL Two compensation cases were dealt with by tho Arbitration Court yesterday, when the bench was occupied by liis Honour Mr. Justice Stringer and Messrs.' K F. Duthie (employers' representative) and J. A. M'Cullough (employees' representative). In the first case before the" Court, John William Prosluig. labourer, of U'oxton, sought to recover compensation from the Poplar Flaxmilling Company in respect of an accident. Presling was employed as a Hax-washor at the -defendant company's mill on November 24, 1913, on which date be came into contact with the machinery in the mill,' thereby sustaining a fractured 6kull and other injuries, by reason of which he was an inmate of the falmerstou North Hospital until May 15, 1914. Presling alleged that he was partially and permanently disabled by reason of the injuries , and the medical evidence, taken nt Palmerston North in August last, showed that portion of the frontal bone of the skull had been removed. Presling claimed compensation at the rate of-30s. per week for . the time he was totally disabled, a lump sum. equivalent to the cash value of the weekly payments properly due in accordance with the . Workers' Compensation Act, and a suspensory award for a nominal .weekly sum. (should the Court see fit to award less than the maximum amount of compensation) as well as the costs of the action. The defendant company admitted the accident, but denied permanent to|al disablement. Further, it pleaded no liability, on the ground that Presling had not commenced his action within _ 6ix months after, the accident, as required by Section 24 of the Act. The company also said that the accident did not arise out of the employment, and that it was due to the serious and wilful misconduct of Presling in that he had brought to the mill and consumed during the course of hie employment a quantity of alcoholic liquor. Mr. P. J. O'Regan appeared for Presling, while Mr. A. A. S. Menteath appeared for the defendant company. The case was partially heard at Palmerston North in November last, and was adjourned to Wellington to enable certain other evidence to.be called. This was heard yesterday, and the addresses of council followed. Mr. Menteath pointed out that tho company had been put. to great inconvenience because of Presling's, delay in bringing tho action. Seven months had passed before he took proceedings, and in the meantime tho mill had shut down and the Hax hands had scattered, so that it was impossible to call necessary evidence. This was one of the very cases the Legislature had in view when it enacted tho law relating to the six months' limitation. Counsel contended that the evidence mado it clear that there was drunkenness, and that oh 'this account Presling, not being seriously and permanently disabled, could not recover. Mr. O'Hegan maintained that the action was in time. Mr. Dalzell, the mill manager, had told Mi. Robinson, the union secretary, that the claim for compensation would be admitted. Robinson conveyed this news to Presling in the Hospital, and Presling relied on that assurance, and was unaware, that liability was denied until he claimed payment. It would be shooking if, under such circumstances, the right to sue was barred, and he contended that the Court had jurisdiction to hear the oase on two grounds: First, that the delay in. suing was occasioned by reasonable cause, and, secondly,_ that the employer was not prejudiced in his defence by reason of the delay. Counsel replied at length to Mr. _ Menteath's argument in regard to serious and wilful misconduct. His Honour said that,_ although the oiroumstances were suspioious, he did not consider that drunkenness had been proved. Decision was reserved.

POWER STATION EMPLOYEE'S CLAIM.

The oase in whioh James Harris, a fireman in the service of the City Corporation, claimed compensation from the City Corporation, came before ' the Court in the afternoon. The statement of claim alleged that Harris injured hi 6 hand by. coming in. contact with the automatic coal-conveying apparatus at the power station on March 25 la6t. It was alleged that he was totally incapacitated by illness resulting from the accident, and had permanently lost the use of his right hand and arm. Harris still retained his hand and arm, but they were alleged to be useless for the purposes of his work. The case was adjourned from the la6t sittings of the Court to permit of the result of an operation then mado to become known. It appeared from the medical testi- . mony that three opei ations had already oeen performed, and it was agreed that further operation would not improve 1 Harris's condition. Compensation amounting to £97- lis. sd. as for total incapacity due to illness resulting from the accident up to April 25, 1915, wao paid by the City Corporation, who now contended that Harris had not permanently lost all uso of his right hand and arm, but that his arm and hand were useful for some industrial purposes, and that additional compensation was not payable as for the total lo6s of the hand and arm. . It was admitted that Harrises average weekly earnings were £3 Bs.' 6d., and that the accident arose in the course of the employment. Evidence on behalf of the plaintiff was givfcn by Dr. Robertson, Dr. Shand, and Dr. Whyte, to the effect that Harris's fingers and thumb were contracted against the palm of the hand, and that further contraction would follow until the-fingers became bound against the hand. The arm was useless for any manual work by reason of a neuritis causing pain on movement. Harris could still use the hand and arm for the purposes of touch, but not for his work as a fireman or similar manual labour. Drs: Tolhurst and Elliott gave evidence on behalf of the City Corporation as to the results of operations performed and the nature of the injuries. The Court was of opinion that it had been established that . Harris had permanently lost the use of hiß right hand and arm, and judgment would be entered up for him as on a basis of compensation for that .loss for a sum to be agreed upon by counsel. Harris was allowed seven guineas costs, witnesses' expenses, and disbursements. Leave was reserved to either party to apply to the Court in the event of their being unable to agree as to the amount. Mr. R. Kennedy appeared for Harris, while the City Solicitor (Mr.. J. O'Shea) appeared for the Corporation. '