COMPENSATION ACT

Hokitika Guardian, 20 June 1930, Page 7

COMPENSATION ACT

IMPORTANT REFORMS.

PROPOSED BY COMMISSION

(By Telegraph—Per Press Association

WELLINGTON, June 19. Important alterations in the existing law are recommended in the report (made available this afternoon by the Minister of Labour, ILon Mr Smith) of the Royal Commission, which inquired into the operation of the Workers’ Compensation Act. The principal recommendations are as follows: (1) The re-establishment of a separate Workers’ Compensation Court, similar in constitution to the Arbitral tion Court. (2) Insurance to be compulsory on employers; and the wage statement to j be supported by a statutory declaration. (3) Where a dependant is not a resident of New Zealand, the principle of reciprocity to be incorporated in the Act, as laid down in Ontario. (4) In calculating compensation, the principle of providing for dependency J to be introdued. (5) All increase from £3OO to £SOO in the minimum payment in the case of death, (6) In claims for damages for non j fatal injuries arising out of negligence I of fellow servants, the maximum liability to be increased from £IOOO to £1250. (7) 100 per cent, compensation for loss of an only eye, less the amoun! I already paid for loss of sight, and compensation for partial lass' of sight in excess of 50 per cent. 1 (8) An allowance up to £25 for medi- J cal, surgical, and hospital treatment. I including first aid. j (9) Compensation not to be a disqualification for old age or widows pen- I si 011 s. (10) The adoption of the principle j of'the English, Act in regard to indu6- I trial diseases, and additional diseases I to be added. I The Commission also recommends I the following.. That the scope of the Act be ex- I tended to include persons employed [ otherwise than in manual labour whose I remuneration reaches £250 a year, in- j stead of the present limit of £4OO. j That the definition of the. term j “worker” be enlarged to include share milkers. That the Act should also cover work- I ers, such as taxidrivers operating on a j commission basis, rnd casual workers j employed not foi 1 the purpose of any I trade or business carried All bv their employer (with three day qualification), I and that the Judge have discretionary j power to deal with claims where em- 1 ployment is technically illegal.

"In view of the evidence submitted by the employers’ representatives," the Commissioners state, "w r e are not unanimously agreed that all the more highly-rated industries are at present in a position to bear the cost of the improved methods we recommend ; bul we are agreed that from a social anc humanitarian point of view, the amendments suggested as desirable." Additional diseases recommended to be included in the scope of the Act are:

Miners’ disease, beatknee, beathand beatelbow', mystagmus, dermatitis, dis-

eases arising out of the handling of base slag; ulcerations arising out of the handling of tar,. pitch, bitumen, mineral, oil or paraffin. It is also proposed in “this connection to amend the Act to enforce liability upon an employer unless the disease is not due, in whole or in part, to the employment of the worker while in his service. The Commissioners consider that no compensation should be paid unless the worker has been resident in New

Zealand for a period of two years next preceding the date of the first disa-

oility upon an employer unless the dis-

ease is not due, in whole or in part, to the employment 01 the w'orker wdiile in his service. The Commissioners consider that no compensation should be paid unless the wpr ker has been resident in New'

Zaeland for a period of two years next preceding the date of his first disability ; except where the Court, is

satisfied that the disease is not due

o other causes than his employment

New Zealand. A monopoly of workers’ compensa-

tion insurance has often been advocated in the House of Representatives, particularly by Members of the Labour

Party. The Commission expresses the

opinion that the establishment of such a. monopoly would be a doubtful experiment in New Zealand at present,

and says that it would not be war-

ranted by possible savings in cost