A WORKER’S INJURY.

Taranaki Daily News, 14 June 1921, Page 6

A WORKER’S INJURY.

CLAIM FOR COMPENSATION. PROCEEDINGS IN ARBITRATION COURT. ■ A worker’s application for compensation for injuries sustained to his right hand while engaged in his occupation, was heard in the Arbitration Court at New Plymouth yesterday, when James J. Cullen claimed £235 from William A. O’Neill, farmer, of Riverlea. Mr. P. O’Dea (Hawera) appeared for plaintiff and Mr. J. L. Weir (Eltham) for defendant. The facts, according to counsel, were that Cullen, who is a laborer, was employed by O’Neill doing certain firewood splitting, stumping, etc., and met witty an accident in August of 1920, through getting a splinter of wood in his right hand. Cullen had been paid at the rate of 15s per cord for splitting the wood, but there was no contract. Plaintiff in evidence said after he hurt his thumb he saw O’Neill and told him about going to the doctor. Witness mentioned insurance, and O’Neill replied that, he ((Julien) should have insured himself. O’Neill said he had been to see the manager of the Taranaki Farmers’ Mutual Co., who could do nothing for him. Witness was in hospital over a month. A medical certificate was produced which stated t/hat the injuries to Cullen’s hand resulted in a loss of efficiency of 40 per cent. A partial recovery could be made, but the loss of efficiency permanently would be at least 20 per cent. Witness was asked what were his present earnings, and he replied that he had been receiving from 17s 6d to £1 per day.

Under cross-examination, Cullen denied there had ever been a contract between him and O’Neill. After he came out of the hospital a couple of months elapsed before he did any work. He admitted having pulled in a tug-of-war recently, but said he did not have to hold the rope, being merely the anchor man. He had had an accident to the same hand while engaged in working on the new opera house in Wellington, when he broke the little finger.

The defence was that Cullen was an independent contractor, and therefore did not come under the provisions of the Workers’ Compensation Act. O’Neill said that originally it was at Cullen’s own suggestion that witness let the wood-cutting to him on contract. In regard to the effect of Cullen’s injuries, the defence called evidence showing that since the accident he had been working in the capacity of ropeman at a sawmill, which was heavy work, and had also been doing drainage excavation. Decision was reserved.