Court of Appeal Wellington
20, 21 March; 27 April 1945
Sir Michael Myers CJ, Johnston J, Fair J, Northcroft J, Cornish J
20, 21 March; 27 April 1945
Sir Michael Myers CJ, Johnston J, Fair J, Northcroft J, Cornish J
Workers' Compensation — Jurisdiction — Commutation of Weekly Payments for Lump Sum — Effect on Right of Action at Common Law — Whether such Commutation authorized by s 62 of the Statutes Amendment Act, 1938 — "Agreement for a weekly payment of compensation" — Whether mere Voluntary Payments of Weekly Compensation constitute such an "Agreement" so as to give Compensation Court Jurisdiction for such Commutation — Whether Worker receiving Lump Sum under Order for Commutation precluded from maintaining Action for Damages at Common Law — "Judgment has been recovered" — Workers' Compensation Act, 1922, ss 29, 49 (4) — Statutes Amendment Act, 1938, s 62.
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