COMPENSATION CLAIM

Dominion, Volume 32, Issue 156, 28 March 1939, Page 6

COMPENSATION CLAIM

Injury To Waterside Worker Whether his total incapacitation from work was the result of an accident during the course of his employment or liecau.se of a pre-existing diseased condition was the question before the Court of Arbitration yesterday when a waterside worker sought compensation. Plaintiff was Walter Vincent Chick (Mr. R. Hardie Boys) and defendant the Shaw, Savill aud Albion Company Ltd. (Mr. E. D. Blundell). The Court was also asked to decide whether the company was entitled to stop payment of compensation. The statement of claim set out that on February 18, 1938, plaintiff was assisting in loading chilled beef. A quarter of chilled' beef suddenly came loose, tile shank piercing him in the abdomen. Another quarter came off the chain and struck him in the left leg. _ Severe haemorrhage followed the injury, the effects of which caused total incapacity. The company had paid compensation from February 15 to June 23, 1938, at the rate of £3/18/3 a week. Plaintiff’s weekly earnings were claimed to be £5/17/5 a week. The defence was that the incapacity was the result of a pre-existing condition which had not been aggravated or accelerated by the accident. The company had paid compensation in the bona fide and reasonable belief that plaintiff’s incapacity was the result of the accident, but stopped payment when it learned otherwise. The hearing will be continued today.