NO COMPENSATION.

Auckland Star, Volume LXIX, Issue 225, 23 September 1938, Page 11

NO COMPENSATION.

WORKER'S CLAIM FAILS.

ALLEGED INJURY TO HEART.

In connection with a claim for an alleged injury to the heart while working for the Public Works Department at Orakei, judgment was delivered yesterday in the Arbitration Court. The claim was brought by Percy Tullock, of Auckland. Public Works employee (Mr. C. A. Snedden) against the Crown (Mr. V. R. Meredith). Mr. Justice O'Regan presided at the hearing.

Plaintiff's claim for compensation was based on the ground that he suffered a heart injury on Saturday, July 3, of last year when he was moving a pipe into position in a tunnel while working in a cramped position. He claimed that

his collapse on the following Tuesday was the sequel to the injury. He had been in hospital for six weeks following his collapse and had done no work since, as it was agreed that the condition of his heart precluded his undertaking heavy work again.

The judgment of the Court %as that there was no heart attack on the Saturday, in that there were none of the usual indications. On the other hand there was an attack on the Tuesday, and the Court was satisfied that the weight of evidence showed that plaintiff suffered from an attack of coronary thrombosis, for which comj>ensation was not payable. The Court felt, therefore, that the ease was not within the Act.

Leave waa reserved for the Crown to Apply lor eoeta.