COMPENSATION COURT

Dominion, Volume 13, Issue 57, 1 December 1919, Page 2

COMPENSATION COURT

A WATEBgIDE, WORKER'S CLAIM,

The Arbitration Court on Saturday heard a, compensation claim brought by William John Cook 'Love, waterside worker', agajnet tho Wellington Harbour Board. His Honour Mr. Justice Stringer presided, and with him on the bench were Mr. W. Scott (employers' assessor) and Mr, J. N M'Cullough (employees assessor), Mr, P; J. O'Regan appeared for the plaintiff and Mr. C. H. Treadwell for the defendant board, Plaintiff alleged that in May last, while omployed by the board, he slipped in ■descending from No. 10 crime'on the 'Queen's' Wharf. He fell to the wharf deck, and sustained injuries that totally disabled him for six weeks. Ho claimed the following compensations-Six weeks at 4d. per week, .£l2 25.; allowance in , aid of medical expenses, £1; the costs of tho action and such other relief as the/Court' might consider just. Tlio defendant board admitted that on the.; date in question the plaintiff was in its employ. . It denied tho plaintiff's allegations .regarding-the accident, and submitted that if tho plaintiff s< Ted any injury that injur /aa nHribucablo to "tho serious and rilful misconduct of the plaintiff" within the meaning of section 15 of the Workers' Compensation Act, 1908.

Mr. O'Regan said that the amount involved in the rase was not large, but the principle wa» important. Such accidents as the plaintiff had suffered wero ratber frequent, and in this case the board denied all liability.' Plaintiff was.sent up the fctane, and in descending he slipped from tho third rung of the ladder and was hurt. Counsel understood the boaj'd would allege that the plaintiff was under the influence of liguor.' A considerably ampiint o{ evidence, all directed to tho question of the plaintiff's sobriety, was heard. , Hia Honour (tg Mr. Treadwoll); Do you suggest that on this evidence we could reasonably find that this man was drunk, and that the accident was attribuable to his condition?

Mr. Treadwell.: No, Your Honour, I do not. The ovidonce has not "panned". out as I thought it would. ' ■ His Honour: I quite agree ftlth you, Mr. Treadwell.

Tho Court awarded the plaintiff m 2k., with costs' (c£7 75.), and witnesses' expenses..