SUCCESSFUL CLAIM.

Auckland Star, Volume LX, Issue 204, 29 August 1929, Page 8

SUCCESSFUL CLAIM.

INJURY TO WATERSIDER. EXTRA COMPENSAT3CCW ALLOWED. v TERM OF INCAPACITY. ,

Arising from injury received on January 11, when he slipped whilst engaged in the lower hold of the steamer Northumberland, Alexander Maitland, a waterside worker (Mr. J. J. Sullivan) claimed for additional compensation upon the amount received by him from the New Zealand Shipping Company (Mr. B. L. Bagnall) up until May 24, when payments ceased.

Mr. Justice Blair, associated with Messrs. A. L. Monteith and J. L. Schmitt respectively representing the workers and employers, heard the case in the Arbitration Court this morning.

Mr. Sullivan said plaintiff had received compensation, from .the defendant until May 24, when payments ceased. The case was brought to ascertain what further liability - existed pn the part of defendant. It was now purely a matter of medical testimony. ' 1; , ,' .'■....',

Dr. Bull gave evidence that !he was of opinion that Maitlandj owing; to the state of the i injury to his right knee, was, able to do only light work up until the end of July,, but was fit now*. The knee was swollen on May 3 J. ; ; Maintaining that plaintiff was fit for work on May 24, ihe defence called Dr. F. J. Gwynne, radiologist specialist, who said it was impossible to tell from the radiograph film taken at the hospital whether there was a fracture or congenital condition. . ~ ,' '

Dr. E. H. B.'Milsom, medical adviser to the shipping companies, said plaintiff had said to him on March 28. that he worked a short- time after the accident, but stopped owing to the pain. Maitland complained of trouble in the lower part of the knee,. whereas the fracture was above. Ho examined the man again on May 20 and gained the impression that the knee was all right. He thought a email fracture should not cause such a long incapacity. To Mr. Sullivan, the witness said that though he was of opinion that plaintiff was suffering from a congenital condition- it was true that the hospital recorded the injury as a fracture, and this was largely confirmed by Dr. Bull and Dr. Gwynne. After a short retirement the Court awarded plaintiff £20 11/ on a basis of six weeks' full compensation, together with witnesses' and legal expenses, totalling £11 11/.