COMPENSATION CASE

Manawatu Standard, Volume LVII, Issue 221, 18 August 1937, Page 11

COMPENSATION CASE

LOSS OF TWO FINGERS. COURT’S AWARD. How much compensation should be. paid by the Kiwi Bacon Company, ot Palmerston North, to Francis O’Donnell, a bacon curer, of Palmerston North, for injuries the latter had suffered to his left hand, in the course of his employment with the company, was the main question in a case placed before tho Arbitration Court yesterday. His Honour Air Justice O’Regan presided, there being associated with him Alessrs W. Cecil Prime (employers’ representative) and A. L. Monteith (employees’ representative). Air A. Al. Ungley appeared for plaintiff. Air O’Donnell, and Air W. B. Brown (Wellington) for the defendant company. The statement of claim set out that on June 15, 1936, plaintiff was employed by the company at Longburn at £4 8s 8d a week. On June 15, 1936, plaintiff suffered an accident in which he lost the permanent partial use of his left arm, that being 35 per cent, of total disability. The accident arose within the scope of plaintiff’s employment and due notice of it was given. Plaintiff was incapacitated until January 19, 1937. The defendant company paid to plaintiff £73 17s Id on account of compensation. Plaintiff claimed £l7 4s 6d as the balance of compensation for 31 weeks lrom June 15 to January 19 (at 66 2-3 per cent, of £4 8s Bd, Jess £73 17s Id) ; also £255, being 35 per cent, of £2 19s Id (66 2-3 per cent, of £4 8s 8d) for tiie balance of 282 weeks; £1 medical expenses and the' costs ot the action. The statement of defence admitted the accident having taken place witliing the scope of plaintiff’s employment with tlie company, and admitted the payment already made. The defence made an offer of £lB4 14s lid for the loss of two fingers on the left hand. Dr. 1(1. C. Barnett gave evidence that plaintiff had lost the first and middle fingers of his left hand. In addition, a portion of the bones -in the hand had been removed on account of infection. The little finger was normal hut the other had lost full flexion, plaintiff not being able to close it fully. Plaintiff gave evidence that lie was an assistant curer at the time of the accident. He was now head curer, receiving more than he was formerly. He corroborated the previous evidence as to his disability.

This closed plaintiff’s case. For the defence, Dr. E. W. Giesen (Wellington) gave evidence that the removal of the tops of the bones of the hand (next the base of the fingers) made no difference to the usefulness of the hand. Air Brown submitted that either the injury in the loss of the lingers was a loss within tho schedule showing the percentage of value of various parts of the body, or outside the schedule. If it was not a schedule injury, there had not been evidence adv a need dealing with the matter. It the matter was outside the schedule of merely the loss of the fingers, evidence had to be brought to show that. After a short retirement the Court found for total compensation of £264 17s Bd, which, less the sum already paid, left £l9l Os 7d. His Honour pointed out that the sum was £6 5s 4d more than the off or. In 11106 Or the offer made by the defendant company costs would not be allowed plaintiff. . ■ Air Brown did not seek costs. His Honour remarked that plaintiff had acted very honestly in retuining to work and the defendant company had also treated plaintiff very fairly. FABAI HAND’S CL^IAI.

Compensation was sought in the Arbitration Court, yesterday, by Arnold Bobert Afercer, formerly of Kelvin Grove, now of Putunno, Hawke’s Bay, from Aliss Alary Boots, also of Kelvin Grove, for the loss of the first joints of the little finger, ring linger and middle huger of the right hand, as the result of an accident. His Honour Air Justice O’Regan presided and there were associated with him Alessrs W. i Cecil Prime (employers' representative) and A. L. Monteith (employees’ representative). Mr A. AI. Ongley appeared for plaintiff and Air H. R. Cooper for defendant. The statement of claim set out that orior to and on Alay 26, 1936, plaintiff was employed by defendant as a farm hand at wages of £4 16s.per week. It was claimed that the accident, which occurred on Alay 26, arose within the scope of plaintiff’s employment; that

due notice of the accident was given defendant immediately following the occurrence; that as a result of the accident plaintiff was totally incapacitated until September 21, 1936, and that defendant failed to pay any compensation to plaintiff. The statement also set out that plaintiff lost the first joint of the middle finger and the permanent use of the whole of the ring and little fingers of his right hand. Plaintiff claimed £54 Bs. compensation for 17 weeks from May 26 to September 21, 1936, at 66 2-3 per cent, of £4 16s per week, i.e., £3 4s; the sum of £236 TOs, being 25 per cent, of £3 4s for 296 weeks; the sum of £1 medical expenses; the costs of and incidental to the action; such further or other relief as might be just.

The- statement of defence admitted that on May 26, 1936, plaintiff was temporarily employed- to carry out certain draining work, blit denied rliat his wages were £4 16s per week; defendant admitted that plaintiff met with the accident, but otherwise denied each and every allegation; it was admitted that due notice of the accident had been given defendant. 1 I'or plaintiff, Dr 11. C. Barnett gave evidence and for the defence Dr E. W. Giesen (Wellington) and Mr D. S. Wylie, I'.R.C.S. Plaintiff also gave evidence.

When delivering judgment, His Honour said the case was governed by the Workers’ Compensation Act of 1322, the Act of last session taking effect only as from January 1 last. Plaintiff had been employed on drainagh work at 10s a day and he was entitled to compensation on that basis. It was considered that the usual week would 1m of five days on account ol wet weather. That would bring a wage of £4 a week. The Court was satisfied that there had been permanent injury to the fingers and that plaintiff was entitled to 15 per cent, of the amount allocated for total disability, winch was £2 J3s 4d. Plaintiff had been totally disabled for 15 weeks, which would bring the amount to £4O. Fifteen per cent, of the total disability was 8s a week anti that, for 49 weeks, had accrued, without discount, to £l9 12s. The total period of liability was 313 weeks and there was a balance of 249 weeks unaccounted for. That, at 8s a week, amounted t-o £BB 10s 9d. With £1 medical expenses the total was £149 2s 9d. Judgment was entered for that sum, plus £8 _Bs costs and £2 2s lor one medical witness.