COMPENSATION CLAIM

Press, Volume CI, Issue 29783, 28 March 1962, Page 10

COMPENSATION CLAIM

Judge Non-Suits Plaintiff

A former steward who sought compensation from the Union Steam Ship Company. Ltd., on the ground that a skin disorder from which he suffered was caused by contact with detergents and other fluids used in the course of his employment, has been non-suited in his claim by a reserved decision of Judge Dalglish in the Compensation Court The man, Stanley William Rogers, of Christchurch, developed a skin disorder in September, 1960, which caused him to be off work for three periods up to March 20, 1961, during which time he was paid by his employer. Although certified fit to resume work on the latter date, Rogers did not do so until August, when he began work with a commercial cleaner. In December, 1961, Rogers suffered a recurrence of the skin trouble, and was again off work for some time. Rogers claimed that the skin disorder was attributable to the nature of his employment with the Union Steam Ship Company, and accordingly claimed compensation under section 10 of the Workers' Compensation Act. Mr A. K. Archer appeared for Rogers, and Mr R. W. Edgley for the defendant company.

It was suggested during the hearing of Rogers's claim that the skin disorder was a constitutional eczema brought on by Rogers worrying about his health, and the medical witnesses were asked to consider whether this view, or that of the plaintiff, was the correct one.

"Having considered the medical evidence, I have concluded that the plaintiff has failed to establish on the balance of probabilities that the skin disorder was caused, as alleged, by contact with the various cleaning fluids which he handled in the course of his work.” said Judge Dalglish's judgment. "It appears to me that it is just as possible that the disorder was a constitutional eczema as a contact dermatitis. In the circumstances, the proper course is to non-suit the plaintiff.” The question of costs was reserved.