COMPENSATION CASE.

Taranaki Daily News, 23 December 1916, Page 6

COMPENSATION CASE.

OPUNAKE DROWNING ACCIDEXT. A somewhat unusual case arising out of a recent accident oil' the Opunake Bar, in which a seaman was drowned, was heard ajt, the Arbitration Court at AueklautKon His Honor Mr. Justice Sim presided. The plaintiff, Jane Baxter Knowles, wife of John Knowlcs, o'' New Plymouth (Mr. A. E. Skelton), claimed from the Northern Steamship Company, Ltd. (Mr. .M. McGregor), or alternatively Walter L. F. Chambers, | contractor, of Opunake (Mr. H. P. Richmond), the sum of £30(1 as compensation under the Workers' Compensation Act, 1008, together with funeral expenses, for the death of her son, Lenard Leo Loder, upon whom she was partially dependent. The plaintiff, in a statement of claim, asserted tiiat lor some time prior to May, ]!)l(i, the deceased was employed as an able seaman on the Ar.ipawa. On May 21, 10111, lie was drowned oil' the Opunake Bar through the capsize of the steamer's surf-boat between the shore and the steamer, while he was engaged in boating cargo from the stcrfmer to the shore. QUESTION AS TO EMPLOYER. The defendant company denied that the deceased was in its employment at the time of the accident, but contended hj" was employed by the defendant Chamber at wages of 2s fid per hour. Chambers denied that lie was employing the deceased at the time of his death, and said he was under the direct control of the company. Evidence was given by the plaintiff and her husband, who was partially disabled, in regard to the extent to which the deceased had supported his mother.

Justan Jansen, able seaman, also gave evidence for the plaintiff. This closed the ease for the plaintiff. DEFENDANT COMPANY'S CONTENTION. Addressing the court for the defendant company, Mr. McGregor said that Opunakc was an open roadstead, and the company undertook only to carry the cargo to that point. Consignees had to make their own arrangements to get the cargo ashore. The consignees paid Mr. Chambers 3s 4d per ton to carry the goods from the ship to the shore. At one time Mr. Chambers' boat was manned solely by his own men. Recently the captain of the Rimu got the consent of the manager of the company to provfde another surf-boat. Mr. Chambers demurred to the arrangement, becaui-e he did not have the men to man the extra boat. An arrangement was eventually made between the captain and Mr. Chambers, by which the company should supply the three men to man the boat, Mr. Chambers to pay for two of them._ Counsel said that Loder was paid by Chambers, this being proved by Coder's own statement to the chief officer on the Arapawa, and the fact that at the time of his death Loder was awaiting payment by Chambers foi two trips in the surfboat. UNDER DIRECTION OF OFFICER His Honor said it was clear that the deceased was under the direction of an officer of the ship when the accident occurred. An arrangement should have been made defining the ,-elative rights and responsibilities of those engaged in working the surf-boat. He would hold the defendant company as liable T.i the facts as stated by counsel. Procu'd'mg, His Honor said it only re•"aiiied for him to assess the which aintilV had sustained by the death of J-v son. Ke thought a fair amount o-ild be .Cilia, and lie would give judg-l-iit for the p'.aintili against the coinl.v for this amount, With .ClO 10s ts and witnesses' expenses, the burial :;;)ci\u>~ ( I'li 10s) to be also paid l»y t' a company. I Judgment was given foi the defendant Cliaii!.bers r ,withoijJ,.costi_