ARBITRATION COURT

Hokitika Guardian, 29 April 1921, Page 1

ARBITRATION COURT

WOOD V. WOOD. PLAINTIFF SUCCEEDS. GREYMOUTH, April 29 Reserved judgment on this caso was filed by the Court of Arbitration yesterday. The claim as presented by counsel was for £l2O Os 6d, being 25 per cent of full compensation for the loss of plaintiff’s left thumb while employed in making tins in his father’s whitebait factory at Hokitika on March 3, 1920. Counsel agreed that credit should be given for £l2 being the amount paid by defendant while plaintiff was totally disabled.

The Court found in favour of plaintiff, and allowing credit for the amount paid, awarded him £lO9 3s 5d with costs £lO 10s, witnesses’ allowances and disbursements to be fixed by the Clerk of Awards. The judgment is as follows:

This is a claim for compensation in respect of an accident suffered by the plaintiff (a miner) on March 3, 1920, while employed bv the defendant at his canning factory. The accident admittedly arose out of and in the course of the plaintiff’s employment. The plaintiff’s left thumb was severed just above the second joint, but the portion of the thumb that is left is very small and useless, and has no power of movement. Wo think wo are justified in treating this as a case in which the use of the thumb has been completely lost. The amount of compensation payable in respect of the permanent partial incapacity is, therefore, 25 per cent of the amount which would be payable in respect of permanent total incapacity.

The plaintiff was earning 30s per week at the time of the accident, and has been paid a sum representing half wages for 1.6 weeks. No payment has been made in respect of the permanent partial incapacity resulting from the loss of the thumb.

Section 4 of the Amending Act of 191,3 is as follows: —“When a worker is at the time of the accident under the age of 21 years, or is an indentured apprentice, or an apprentice or improver under an award or industrial agreement, and his incapacity, whether total or partial, is permanent, his average week I v earnings at the time, nt the accident shall he deemed to he the weekly sum which lie would probably have been able to earn if he had then attained the age of 21 years, or had completed his apprenticeship, or had ceased to lie an improver, as the case may he, being in no case less than £2 i>oi week, and the reduction ol his earning power (if any) shall lie deemed to lie the difference between that sum and (l)O weekly sum which he will probably he able to earn after attaining the age of 21 years, or oil the completion of his apprenticeship, or on ceasing to he an improver, as aforesaid.” It was argued tor the plaintiff that ibis present earnings (£5 19s 6d per week) should be taken into consideration as having a hearing on the amount he would probably have been able to earn on attaining the age of 21 years. Eor the defence it was contended that, in the industry in which he was employed at the time of the accident, the plaintiff’s weekly earnings at the age of 21 years would probably have been 12 or £2 10s, and that this should he the basis to he adopted.

Tin* Court, in the case of apprentices anil improvers, who are learning skill oil trades, lias always taken the award rate of wages for journeymen in those trades into consideration in fixing the amount, of compensation under section We think that in the case of a minor who is engaged in unskilled work, the proper method of deciding the basis of computation, in the absence of any special circumstances, is t,, ignore extremes, find consider the mte of wages usually awarded by the Court to adult workers in unskilled occupations. This is a logical extension of the principle adopted in the case of apprentices and improvers in skilled trades.

We accordingly fix the plaiittill s nominal earnings at the age of 21 years at £4 11s per week. Compensation for permanent total incapacity would he payable on this sum for 220 weeks. Twenty-five per cent of the full compensation ( 02 os (id per week) is Us 4-Jd pOl - week. We allow credit for an amount equivalent to hall wages foi K' weeks from Hie date of the accident until June 23, 1920. From the latter date up to April 27. 1921 is 42 weeks, for which wo award at 11s ltd per week, £23 17s 9d. The remaining payments for 102 weeks we commute as provided by Section 5 (3) of the principal Act, for a lump sum of £BS 5s Bd. Judgment is entered for plaintiff for ClO9 3s sd. We direct that this sum IK.l K . paid to the Public Trustee for the benefit of the plaintiff and we giant leave to apply for directions as to its application. We allow the plaintiff CIO 10s costs, with witnesses’ expenses and disbursements to he settled by the Clerk of Awards.