TOOTHACHE IN THUMB.

Auckland Star, Volume LIX, Issue 233, 2 October 1928, Page 8

TOOTHACHE IN THUMB.

STEELWORKER'S CONDITION.

CLAIM FOR COMPENSATION.

JUDGMENT FOR DEFENDANTS

Submitting that contrary to expectations his right thumb, crushed while working for the late John Albert Enrlean, hotelkecpcr, over a year ago, hurl not improved with use, and when he gripped anything he experienced pain akin to toothache, Ernest Henry Walker, formerly a steel worker, claimed compensation according to scale in the Arbitration Court this morning. The defendants were Annie Endean and the Guardian Trust and Executors Company of N.Z., Ltd. Plaintiff (represented by Mr. F. C. Jordan), who is now engaged at farming near Whakatane, said he was injured on July 14, 1927, and he was paid compensation until September 8 of that year. He was unable to use the thumb for work, and the limb was useless upwards from the first joint. The defence, supported by Mr. T. N. Holmden, said that compensation amounting to £2.5 18/8 had been paid plaintiff, and denied further liability. It was submitted that the claim could not succeed because it was not launched within the time prescribed in the Act, and the plaintiff had not shown that he had suffered diminution in his capacity to work. Mr. Jordan said any delay in lodging the claim had been negligible, and was not prejudicial to the defence. Plaintiff had been unwell, and being a man with a family was obliged to go into the country. In entering judgment for the defendants, Mr. Justice Frazer said medical evidence called for the plaintiff showed that he had not permanently lost the use of the top joint of his thumb, and therefore the claim that he had suffered permanent injury must fail. Illness subsequent to the accident could not be accepted as an excuse for lateness in making the claim. In the circumstances his, Honor thought the insurance company had been genercms in making its payments.