ARBITRATION COURT

Dominion, Volume 11, Issue 145, 8 March 1918, Page 3

ARBITRATION COURT

COMPENSATION CASES Tho Arbitration Court continued its sit'tings yesterday uuder tho presidency of Mr. Justice Stringer. Aaeoci.itod with him -were Mr. W. Scott (employers bbEcssor) and Mr. TV*. A.- M'Cullcujjh (employees' assessor). Robert Boss, of Yfnnganui, seaman, proceeded against the if.Z. Eefrißeratmß Lo., I Ltd., with a claim lor compensation in respect of the lose of t-hreo fingers. Mr. 0. B. Collins appeared for the plaintifl'. and Mr. M. Myore for tbe defendant company. The statement of claim set out Hint Hie plaintiff -whs employed by the defendant on and prior <to March 5, 1917. On tne date in question he was wor.tanu a steamer in Wangnmii Harbour, and while thus employed ho met with an accident to his hand, which was smashed by a movable port. For 13 weoks subsequent to tnc accident the compnny paid him full wages pursuant to Section 6 of the alunmng and Seamen Amendment Act, 1911. plaintiff claimed that as a result of the accidout he was totally incapacitated from March 5, 1917, to September 1, 1917. and furthermore was permanently partially incapacitated in that his jrft hand was rondereil almost uselese. He, .therefore, claimed £30 for twelve weeks incapacity at £2 10m. a week, £228 for permanent partial incapacity, and £1 for med,ical expenses, u total of £259. . The statement of dofencc denied that, the plaintiff was totally incapacitated or that he waa permanently partially incapacitated. He had suffered the loss ot threo fingers. These were schedule in'juries, and tho company was willing to compensate him according to tho ncalo laid down by the Workers Compensation Dr. S. Pollen gave evidence touching thc extent of the plaintiff'» injuries.. Witness stated that in addition to the visiblo lose of tlie three fingers, Boss's hand was permanently 'injured. Half its usefulness I -wa* gone. The injured fingers were nerveless, and had no gripping power, i Dr. W. E. Gicscn. who was called for the ! dofonco, expressed the opinion .that tnc ! little flngor was fiiinp.ly suffering from ' want of power. Twelve months hart nlapsca i Bince the accident, and it was only natural i that the plaintiff did not have tho Bhaie I power in his hand as if Uo had been I usiiitf it. In his opinion, tho P'aintin: could have long since engaged, in Hem. ; work, and since October he was certainly j fit to go to hie regular work. . Oounsel addressed the Court mainly I on the question of the application of the schedulo to the injuries received, wr. Collins contended that the case was outside the schedule, and'ought to ho fcrcatca as such and judgment given tor.iictua.l impairment of thc working capacity. The Court reserved its decision. A BOOT OPEBATOE/S CLAIM. In another case of a similar nature, Leslie H. Priestly, 34 College Street, .Wellington, sought to recoverco m P e T n , B j™ o on, n -from W. and J. Staples and Co., Ltd, 16 Ghuznee Street, boot manufacturers, lor lose of part of his thumb. Plaintiff, in hie statement of claim, naia that on July 1J last he vrae ensaeed at the dofendant company's factory working at a jumper press, and while taking out the knife .the jumper came back and repeated, catching thc knife on the side .ol a block, ami sendin* it over tho plainI tiff's right, hand, damaging his middle and third fingers and thnmfi. Ho was incapacitated from that dato to October 31. Plaintiff's middle finger was nermnnently stiff in one joint, and he had •lost part of his thumb. He had been paid half-wases to September. He claimed Is. 6d. per week, and a further paymem of £1 11s. 6d. per> week from September to October, and in addition £1 medical expenses and a lump sum for the lobs ot a part of his thumb. Mr. H. P. O'Leary appeared for the plaintiff, aad Mr. T. Keave for the .defendant comjany. Medical evidence was called by botn '■rhe contention of tho defence was that, tho plaintiff had been paid all he was entitled to, as he had incurred no funcThe Court intimated that it had considered the case on ite raerite, and had decided that the plaintiff wae entitled to compensation (as schedule) for loes'of Tjart of his thumb. , . Judgment was accordingly entered for tho plaintiff with £7 7s. costs. ,