COMPENSATION GRANTED

Hokitika Guardian, 24 June 1930, Page 8

COMPENSATION GRANTED

A DISLOCATED EuBOW

CASE IN ARBITRATION COURT

CHRISTCHURCH, June 21

A dislocated right elbow sustained by a Public Works Department' employee while working on the West Coast resulted in his appearance before the Arbitration Court yesterday, seeking compensation. He was ■ Jolin .Joseph Busher, of Greymouth. His Honour Mr Justice Frazer presided, and with him were Messrs W. Cecil Prime (employers’ assessor) and A. L. Monteith (workers’ assessor). Buslier’s claim set out that, his accident occurred on August 23rd, 1929, while working on railway construction at the Westport-Inangahua Junction, near Black.wa.ter Camp. He was working iii a cutting, and sustained a jar to his hand by hitting the pick with which lie was working on a' rock, in consequence wherdbf lie dislocated his right elbow. He had remained totally disabled and was permanently incapacitated from doing the ordinary work which he was doing before the accident. His earning power would be permanently diminished. His average weekly earnings at the tipie of the accident were not less than £6. He recovered compensation to the amount of £35 on December 19th, 1929'. Negotiations with the ; Public Works Department took place for a-, settlement, but eventually the Department denied further liability. The suppliant was still totally disabled from working, and as a consequence His earning power when able to resume- work would be ' considerably diminished. He claimed a weekly payment of £4 from the date of the accident until tbe hearing; further compensation by way of a lump sum, and costs of the action.

The defence admitted ,the aociden hut argued on the financial aspect.

Mr W. J. Joyce appeared for Busher and Mr F. A. Kitchingham for the Public Works Department.

Dr J. Leslie Will said that Busher had a limitation of movement in the elbow joint. There was a creaking in the joint that was audible, and he suffered train, especially in the morning. Those were the symptoms ol severe chronic arthritis. There was new bone formation inside the joint. It was extremely unlikjely that he would be alble to go back to heavy work, and could only engage himself in a very light occupation.

Hi s Honour said ?"tliat the troublesome question was the average-.weekly earnings. The figures indicated tha* the suppliant’s average j weekly wage was £4 10s. His right 5 arm was permanently useless, and lie could no* return to the work which he had been doing. If he obtained light work his earning power >vr ] not be more than £3 a, week. He was entitled to full compensation to December 11th, 1929. and thereafter compensation at the rate of £1 a week for {the remainder of the period of liability. Costs, £lo 15s, were allowed.