ARBITRATION COURT

Hokitika Guardian, 23 February 1924, Page 3

ARBITRATION COURT

GREYMOmi, Feb. 22. The compensation claim in which Daniel Joseph, hushmau, of Kokiri. c claimed compensation for injuries received to his foot from Louis Niedorer Kokiri, at the Arbitration Court sitting oil November 23 last was finally decided at the Arbitration Court held j,ere yesterday. Mr Justice Frazer presided, and with him were Messrs llir.nn Hunter, workers representative and Mr W. Scott, representing the employers. His Honour at the last sitting of the Court had fixed the date of partial compensation from October 10 to December 24 and then suggested that plaintiff could consult another skilled surgeon ns to the. condition of the toe. Then if the toe had to be amputated plaintiff would be entitled to full compensation for the seven weeks ami at live per cent for the loss of the toe and there would be no further need of the case being referred t„ the Court. Plaintiff had been advised by Dr W. A. (’onion of Reefton. that the amputation of the toe was unnecessary and the matter to be decided at the four! yesterday was as to how much compensation plaintiff was entitled to owing to his loss ol earning power due to his incapacity. After hearing evidence lli.s Honour said that although both doctors had advised plaintiff differently, it coulu not be said that the plaintiff had acted unreasonably and obstinately refused to undergo the operation. They must look on the case from the human side, as none of them would consent to a similar operation if they thought it could be avoided. They would leave the matter of medical disagreement ( where i* stood. The Court would assume that- his earning power at the present time was C 3 18s per week against C(i previous to the accident, which would leave a difference of £2 ?S half of which would be £1 4s. The Court would allow him compensation 1,, a lump sum for 11 months from December 24. at the rate of oo per emit, or half the difference, between bis present and former earning capacity. According to Dr (’onion’s evidence his foot was improving, and it would ion ; be all right. Judgment, would then ; i, O for plaintiff for a lump sum of £3l i i„ addition to the amount ft set! lor Do- ' rernher 24 last, with costs -1- l-*-1 ,„ (1 £1 medical fees, together with 1 solicitor’s! fees and Court costs to be • fixed hr the Cleric of Awards.