COMPENSATION CLAIM

Hokitika Guardian, 30 September 1931, Page 6

COMPENSATION CLAIM

BEFORE APPEAL COURT. . ARISING OUT OF EARTHQUAKE. (By Telegraph — L'er Bress Association) WELLINGTON, September 30. Very interesting questions, relative to workers compensation law, arising out of the Hawkes Bay earthquake arc occupying the attention ,of the Court of Appeal to-day. The plaintiff is Thomas Borthwick and Son. (Australia) Ltd, and the defendant, John Ryan, a slaughterman of Hastings. At the time of the earthquake on 3rd. February, Ryan was employed by plaintiff Company as a, slaughterman at its works at Paki Paid near Hastings, and was actually, killing on the second •floor when the earthquake took place. The building collapsed and Ryan was covered with debris and fully ten minutes elapsed before he was extricated. His injuries include several fractured ribs, the crushing of the chest and of shock, in consequence of which, he has since been totally.disabled from working.

The plaintiff Company seeks by virtue of the Declaratory Judgments Act, answers to questions whether the injury received by Ryan was “an accident” within the meaning of the Workers Compensation, : Act 1922, and. if so, whether the acoident arose out of and in the course of his employment.

On answers to these questions depends liability of Company to pay compensation. Similar questions are being asked in the cases of Borthwiqk and Sons (Australia.) 'Ltd. v. Margaret .Brook er and Brennan and Manning of Napier, hotel keepers v. Pliilamen, Mary Ash well,, and Nelson (N.Z.) Ltd. v. John Prendergast, which are being heard-at the same time. In the Brooker case, the husband of defendant was • working at Paki Paid works, and was killed by falling debris i The husband of the defendant Aslnvell was a porter employed at Clarendon Hotel, Napier, .and was. killed by a falling-buildng while on a message for hjs employers.