Three Decisions Reserved In Compensation Court

Press, Volume CI, Issue 29956, 18 October 1962, Page 7

Three Decisions Reserved In Compensation Court

A claim by James William Orlowski, a truck driver, to recover weekly payments from the Canterbury Bye-products Company, Ltd., from August 1 to October 31, 1961, was heard by Judge Dalglish in the Compensation Court yesterday. Decision was reserved. Mr A. D. Holland appeared for Orlowski, and Mr C. B. Atkinson for the defendant.

Mr Holland said the plaintiff took his employer’s truck to a garage to be greased. He became involved in an argument with the garage greasing-bay attendant, and was struck a blow in the chest. He fell backwards, and struck a piece of equipment. A rib was broken, and Orlowski was off work for three months- The plaintiff received no worker’s compensation while off work. Mr Atkinson said that the evidence of a doctor was of crucial importance, in that the doctor said it appeared to him unlikely that a blow on the back from an instrument alone would be likely to cause a fracture. The accident was not a case of locality risk, said Mr Atkin-

son. The blow was a precipitating cause in a potentially dangerous situation. It was an assault after an argument arising through personal reasons. “CONFLICT OF OPINION” In a resumed application made by Fletcher-Kaiser (Mr Atkinson), to cease weekly payments to John Vincent McDonald, a truck driver (Mr Holland). Judge Dalglish reserved his decision

Mr Holland said there was a strong conflict of medical opinion about the injury to McDonald’s thumb. McDonald was not completely fit to return to work and he would have Obvious difficulty in obtaining employment because of the description given of him by two doctors. Mr Holland said that Mr A. B. Mackenzie, an orthopaedic surgeon, was now of the opinion that McDonald should return to work for a trial period before finally deciding whether an operation was necessary. John Andrew Kirby Cunningham a physician, said he examined McDonald on March 29. He formed the opinion that a small chip fracture in the thumb would heal saitsfactorily with no special treatment beyond strapping. It would not normally be followed by pain six months after the accident The witness said that an Xray photograph showed a deformity of the thumb, which was caused by an accident that occurred 16 years ago. It was his impression that the symptoms were exaggerated and pro-

longed by a hysterical tendency in McDonald. DECISION RESERVED Decision was again reserved on a resumed application by the Blue Star Line. Ltd. (Mr J. N. Matson), to cease weekly payments to Eric John Reddan fMr Holland).