COMPENSATION COURT

Hokitika Guardian, 5 November 1929, Page 7

COMPENSATION COURT

GREYAIOUTH, Nov. 4

A sitting of the Arbitration Court was held to-day at Greymouth, His Honor, Justice Fraser presiding. Air L. Sehinidtt represented the employers and Air A. L. Aionticth the work-

Only one claim came up for arbitration. John William Lyes, labourer, of Coai Creek, claimed compensation in respect of wages lost through

an accident, incurred while an employee of tin' Grey County Council. The accident incurred on June 1, 1928, when plaintiff was working in a gravel pit at McLean’s Creek. A feinarol hernia set in as the result of a strain, since which plaintiff had been unable to work norm,ally.

The hearing of the case involved considerable medical evidence as to the effect of the hernia on the plaintiff’s ability to work and whether Lis refusal to undergo an operation lor its relief was reasonable, in view of his ago and the condition of liis heart.

Summing up, his Honor slated that three principal questions arose for decision. The first concerned the average weekly earnings, if plaintiff earned £1 13s weekly, or if, Owing to the discontinuous nature of the employment he Was really earning weekly a smaller sum. It was quite Hear from .the statement 'submitted that the plaintiff was earning normally a full week’s wages each week. The second question was as to whether the refusal to undergo an operation to relievo the hernia was in the circumstances reasonable. It was not unreasonable, however, when the plaintiff had gone to a, surgeon of repute and .been, advised against the operation, under his condition. There was no getting away from the fact that the man’s refusal to submit to an operation, considering his age, could bo found reasonable. The third question was bound up in tho second and was concerned with the length ol the probable working life of the plaintiff apart from tho hernia. The opinions of the two doctors had concurred in the working life being but of short duration. Tic would split the difference 1 between, the two. Judgment was accordingly awarded plaintiff from the date of the last payment at the rate of 66 and 2-3 per cent of £4 13s per week until ended, suspended, diminished or increased by further order of ’the'‘'C r 6urt. ’' Costs totalling £lO 10s were allowed the plaintiff, -with '£l medical fee and £1 Is for the medical report from Dr Pullen.

In the case of Clifford Fattorini v. the Blackwater Alines' Ltd., in. which the full amount claimed had been paid, the Court was requested to fix costs. Mr W. J. Joyce appeared for the claimant. His Honor allowed £3 3s costs.