ACCIDENT SEQUELS

New Zealand Herald, Volume LXXII, Issue 22166, 20 July 1935, Page 18

ACCIDENT SEQUELS

A FOREMAN'S INJURIES

COMPENSATION AWARDED JUDGMENT OF THE COURT A reserved judgment was delivered by the Arbitration Court yesterday on a clnim for compensation made by a builder's foreman, John Johansen, of Grey Lynn (Mr. Finlav), against Phillip William Peate, contractor, of Parnell (Mr. Learv). The statement of claim set out that during the course of his employment on December 28, 1933, .plaintiff was accidentally knocked down by a bicycle in Manukau Road, Epsom, as he was about to board a tramcar. As a result he suffered a fracture of the right leg. Plaintiff claimed a total of £716 15s 5d compensation and medical expenses, less £l7B (3s (3d, which had already been paid by defendant. It was admitted by the defence that plaintiff was entitled to some measure of compensation, but it was denied that he was suffering incapacity to the extent set out in the claim.

The judgment of the Court was in favour of plaintiff, who was awarded full compensation amounting to £264 from December 2S, 1933, to May 17, 1935; £3 compensation from the latter date to the date of the'trial; and a payment of £1 13s Id a week from the date of tho accident to the end of the six-year period of liability. Credit was to be given for the payments already made by defendant. Plaintiff was also awarded costs and witness' expenses.

CLAIM BY WATERSIDER FURTHER MEDICAL EVIDENCE Further medical evidence in a claim for compensation by a waterside worker, Alfred Douglas (Mr. Sullivan) against the New Zealand Shipping Company. Limited (Mr. Elliot), was heard in the Arbitration Court yesterday. Mr. Justice Page presided. The claim arose from an accident which occurred in the hold of the ste«.mer Cambridge, during the loading of wool at Queen's Wharf, on July 2i, 1934. Plaintiff was crushed by a bale against a protective covering of timber around a pipe. As a result, he suffered injuries"to the spine and injuries to the back. The defendant company denied that plaintiff was now suffering'from physical disability, and that if he was, he Oould have *an operation that would make him fit for work in six to nine months. If there was anything wrong with him, the defence submitted, it was purely some neurasthenic condition, and ne was perhaps entitled to nominal compensation. The Court reserved its decision.

HEART STRAIN ALLEGED COURT RESERVES DECISION A claim for compensation on the ground that he had met with an acciident and strained his heart, while lifting a keg of beer, was made by % barman, George Thompson (Mr. Haigh). in the Arbitration Court yesterday against the Hotel Auckland. Limited (Mr. Richmond). Mr. Justice Page presided.

It was set out in the statement of claim that the accident occurred on February 1 last, during the course of plaintiff's employment in the public bar of the Hotel Auckland. He was assisting to lift a 2cwt. keg of beer from the floor to the counter when he slipped. As a result of the accident he was totally incapacitated from work from February 5 until May 31, and was now partly incapacitated. His averaged weekly earnings had been £4 Is 6d. He claimed full Compensation for the period of total disablement, further compensation as might be shown to be reasonable, £1 medical expenses, anil costs. The defence was a denial that any accident had happened. It was contended that plaintiff's incapacity, whether temporary, total or partial, arose not from injury by accident, but from disease of the heart. Evidence was given that the accident had occurred, and that as a eonsequencp plaintiff had strained his heart. Tho medical witnesses were Dr. F. R. Smale. Dr. E. B. Gunson, and Dr. C. McDowell. The contention of the defence that plaintiff's heart had not been affected bv his employment, was supported by Dr. S. L. Ludbrook. Dr. C. H. Tewslev. and Dr. T. W. J. Johnson. Decision was reserved.