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Compensation Stands
J5L
Without hearing counsel for the defendant, a Full Court
today dismissed an appeal by Isabel Frances- Sinclair against
a decision by Magistrate F. M. I. Read in the Fremantle
Court in which the Magistrate granted compensation under
the Workers' Compensation
Act to Alfred Stone.
Magistrate gave judgment for
compensation amounting to
£120/5/3 to Stone in respect of
an injury Stone claimed he re
ceived while carrying out his
duties as a slaughterman en
gaged by Sinclair who conducted
a butchering business at Nor
tham.
Sinclair appealed on the grounds
that no notice of the accident was
given, that Stone was an independent
contractor and not a worker covered
by the Workers' Compensation Act,
and that the injury which caused the
amputation of the middle finger from
Stone's right hand had not been
caused during the course of his
duties.
Court today upheld the Magistrate's
decision and his ruling that notice
was unnecessary as Sinclair was pre
sent at the time the injury was re
ceived, and knew that Stone could
not continue his work, but had to go
to a doctor; that Stone was a worker
paid piece work and not an indepen
dant contractor; and that the injury
which caused the amputation was re
ceived at the slaughteryards in the
course of his ;duties.
FBefore the Full Court comprising
Chief Justice Sir John Northmore, Mr
Justice Dwyer and Mr Justice Wolff.
Mr H. N. Walker for Stone. Mr S.
Howard-Bath (instructed by Mr W. E.
B. Solomon) for Sinclair.]
On a charge of rape, 21-year-old
Royal Navy stoker Frank Kyle was
remanded for eigh; days in Perth
Police Court today.
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