ACCIDENT COMPENSATION.

Taranaki Daily News, 24 November 1920, Page 6

ACCIDENT COMPENSATION.

ARBITRATION COURT PROCEEDINGS A SHAREMILKER'S CLAIM. ■ • At a sitting of the Arbitration Court at New Plymouth yesterday, Mr. Justice Stringer presiding, two compensation claims were dealt with. A claim of fSIo was preferred by Thomas -G. Simplon (Mr. P. O'Dea") against Geary Jiroui., of Manutahi (Mr. \\ eirj, for compensation for injuries sustained resulting in the loss of a leg. Simpson was working as a. sharemilker for defendants under a written agreement from 1915 till 1919,' On May 24 of that year he was taking the milk to the factory, and on the way back met with an accident, being thrown out of the waggon, the wheel of which panned over his leg. Simpson was removed to the hospital, and an operation became necessary a week later owing ■ to gangrene having set in. The patient was an inmate of the hospital for about nine months. On one occasion Simpson inquired from one of the Gearys as to his compensation, and he was told not to bother about that, as he wa# insured, and all he had to do to get well. In outlining these facts air. O'Dea said that owing to' Simpson's illness there was a delay in filling in the insurance form, and ultimately he was seut by Geary to see the secretary of the insurance company. The latter (I6ked Simpson if he called at the hotel on the morning of the accident, and on Simpson replying that lie" had, the secretary said: "Perhaps if you hadn't there would have been no accident. We are not going to pay." Counsel said that the point was involved as to whether a sharepiilker was a worker within 'the meaning of the Act, a partner—as some judges had held—or whether lie was an independent contractor. .. Mr. Weir intimated to the Court thati the agreement stipulated that Simpson should not be considered a partner, so this point wits disposed of. Dealing with the remaining issue, Mr. O'Dea said that in no case had a sharemilker been held to be an independent contractor. He quoted a decision of the Chief Justice, which gave the Opinion that a aharemilker was a servant for the milking season. | Evidence was given by Dr. Buist (Hawera) and T. G. Rimpßon, the claimant, and Gordon and May Simpson, son and daughter respectively of plaintiff. For the defence evidence was given by T. Geary, lie stated lie referred Simpson to the insurance company on the question of compensation. William J. Tristram, secretary to the Taranaki Farmers' Mutual Insurance Association, said Simpson called on him on May 31, 1920. He was informed that no liability was recognised, and advised to see a solicitor. For the defence Mr, Weir raised two pointe. The first was that Simpson had not made application for compensation within the time limit imposed by the statute. A period of thirteen months elapsed before action was taken. Secondly. it was contended that even if it had been in time Simpson could not be classed as a worker within the meaning of the Act. Decision was reserved. SAWMILL EMPLOYEE'S ACCIDENT. The Court was asked to make an assessment in the case in which W. H. Buckley (Mr. F. C. Spratt) claimed compensation from J. fl. Robson (Mr. C. H. Weston) for injuries, received in an accident at a sawmill at Pohokura. The liability for compensation was admitted by the defendant, but the amount was disputed. One of the points at issue was as to whether claimant should be entitled to have the rent of a cottage (which he received free) taken into consideration when estimating hit? average earnings for the purpose of compensation. Buckley was a driver in the employ of Robson at a wage of £3 per week and Jr,ec housing for about five years. In 1917 lie met with an accident necessitating the amputation of his foot. Medical evidence was heard as to tlie nature of the injuries. It was stated I that, had the accident not happened, Hyckley, who is 70 yeare of age, would still-.have been able to continue in the occupation of driver, being sound in health. The Court decided that Buckley was entitled to half pay based on an earning of £3 os 4d (wages plus value of free cottage) during his total incapacity, namely, from June, 1917, till January I 2.1. 10115, and for the remaining peviod I (five years) was entitled to (JO per cent. lof liaif-pay. The sum of £lsl had been j paid into court.