COMPENSATION CASES.

Dominion, Volume 1, Issue 150, 19 March 1908, Page 4

COMPENSATION CASES.

, AN UNUSUAL ■ CLABL > .. WAS DEATH DUE TO AN '.' ACCIDENT " ? [Tho first compensation caso taken was that of the widow ■ of-William Charles Whitoford. v. the.King. By reason of the : fict that tho point at issuo was whether the deceased died from an. '•'•accident''.' within, tho moan-, ing of tho Workers' Compensation Act . tho caso is ono of considerable importance. Tho - statement -of claims sot forth.- that deceased was; employed in, the Post, and Telegraph Department'.as a . labourer. '. On September 2, 1907, whilst deceased \raa-'boring a telephonb pole-: at. Kilbirnioi South, .at; a distance of about 23; feet : from tho ground, lie over-balanced and fell,, with tho .result, it was alleged,.'that rupturp :of. tlio aorta (from which "death' ensued immediately)' occurred. Tho dependents wero Catherino Wiiteford,-' widow, and four' young, childron. Tho amount- claimed was £400. -

Mr. P. J. O'Regan appeared on behalf of tho claimant, and Mr; M.. Myers for tlio Crown. ; ~ - - -

Mr: O'Regan, in outlining the facts, stated that tho case was a' peonliar ono. On tho thb 'deceased' was engaged: with some other ,workmen in boring holes in. poles at' Kilbirnio 1 ' Sbuth, tfrop*ratory to -suspending telephone- wires. In order to suspend the wires, it was necessary to fasten a pair-'of arras 'or., spreaders on, oach''pole.j; and. 'thenco tb' boro two'holes through.'the poles. For. t,ho purpose of . boring for tlio lriwor ■ arm the worker would, pjaco. his febt on : tho rung of the ladder and - place the ropo round • the polb, and round; his body; In.ordor to tho. holes ho had'necessarily to throw his body backwards diagonally from, tho pole, tho .weight bf tho 'body acting on tho -rope,. ,whilst -his -.feet. wero steadied by tho; ladder rung.; When boring the x second or highor arm exactly .tho samo method : was used,', oxcopt that tlib worker placed his foot on-the lower arm; instead; of on tho-lower rung. .'On.tho'date'in question deceased was boring tho lower arm so that his feet would be "on the ladder'and about 23Ctv' from tlio ''ground. "-'Tho poles 'wero of iron-bark, and very . difficult .to In fact., after boring, a few inches, tho bit had to bo knocked, back with a spanner." Finally tho hole had to bo completed with an auger. The deceased had. nearly completed boring the first hole,. for'Jib'.was/. usinn;: an auger.. whon hismato. Crawford noticed 'iliat spnio- ' thing had .gono:. wrong .with him, and. at;.onco ascended ;tho'fladdcrV.lat:';tho;same!'timo- calling out to tho. rest of th'ef.party'to assist., ... About, an hour later.:.'a doctor, arrived, and pro T nounced lifo t'o-'bo'!-extinct?'-' At r tho inqucsfi. Dr. Fyffo, who mado'-'itho--post-mortem, deposed that Whitefprd had suffered from, disease of tho aortic valves/'of the heart, and death had resulted from-\syncopo, following upon aortic regurgitation. ;' In cross-examina-tion, the .doctor, admitted /that death' was. most likely accelerated; by physical strain incidental , to any laborious work. : Evidenco was also . giv.enitq : show .that,.deceased hadalways apparently enjoyed'excellent health. Ho had, been married fourteen years,, and . hip ;widoiy;,;-had nover known him -,to < b'o.. indisposed or to complain- of the slightest pain. John. Henry .Crawford, linesman, gave detailed evidence. -

Catherine Whiteford stated that tlioro were 150 stops leading to their residence. Her late husband had climbcd these several .times a day for years.- ' X-' ' Dr. Fyffo deposed that death 'was - duo to. syncope. It would,' 1 in-his' opinion, , have required-! a heavy, stta-in. to dcoasion. death. Evidenoq.' for- the', respondents was . then given. ■ Dr. James stated. that death would have been accoleratod; by'..any -impediment!, to; the circulation. .. v f' : V-Cross-o:;aminod,; witness stated!-that : tho fact that the man was! suspended'would give the heart a hfivipr .load to! overconio.' Dr. Scobio Mackenzie!, was also called. Mr. Myers,'. on , b'ohalf of the; respondents, submitted that the word "accident" was used in- tho Act in tho ordinary '.'sense. ~-Tho injury—if such'it. might;, bo called—which deceased suffored-was "an- injury which- might have happened'to him under any conditions and at' any moment. It would appear that deceased had coneludc!d\th« harder ; portion 'of tho'work oii"whicli"ho was engaged, and was engaged on > tho ; lighter : portion. In every compensation rase .that ho .'(counsel)* had been ablo to find there had boon physical iujury. It was clear that deceased died, from purely'natural causes. Mr. o'Regan, on behalf of. the claimant, stated, that ..tho prjriciplo relating to- accidents in! (joal mines had been extended, to. alii aCcideavts-,'to which l the' Workers' -.Compensation; Act'applied. .-' ; The effect was that, 'if a. porker'.dibel. or : .breamo'- incapacitated in the ootirso of his employment thero was, ipso' 'facto, raised, tho prosumption of pliability of tho employer. In tho present ease death was accelerated, by thp.strain of, tho work in which' deceased'.was engaged. ;If itherp was any doubt , as; to tho interpretation of tho clauso in : the Act;tho benefit should be given in favour of the claimant.' Tho Court reserved its decision,' . j CLAIM FOR LOSS OF AN EYE. William .'Henry Kelly,.'No. '3 Cambridge Torracoj; claimed," £300 from tlus,U.'S;S. Co. in rospcct.iof, an accident,' which ; necessitated tho removal of his loft eyo.

The statement 1 of claim set forth' that tho nccidont occurred on October 23 nfc respondents'- ' repairing-..; yard, Tarnnaki -Street'.Wliilst dressing tho head of' a .liplt with a fiatt-ener, claimant;'--who-'is' a-black'sniith, was strucl; by a small picco of iron which was' chipped off tho flattener by a. blow from a slodgc-hammer. ' Tho ' acoicl'e'nt was oaused through tho striker hitting tho corner of tha

flattenor and knocking off a splinter. As a result of the accident claimant's left oyo had had to : bo removed, and tho sight of his right oyo had' become impaired. Claimant was prevented by tho accident from plying his trade as a blacksmith. •Mr. Myers, for tlio' claimant, stated that his cliont would bo able to earn 355. per week if tho sight of his remaining oyo did not become ! further impaired. If the respondent company took claimant back for six years_ at his former wago they would hoar nothing nioro about tho claim. Mr. ..Levi:.l,don't.think that tho respondents ;aro propared -to do that. Claimant is, in their opinion, able to earn as much-as boforo, but not. perhapa as a,blacksmith. , Dr. Harding stated that; in his opinion, monocular, vision was not, as accurate as 'binocular' vision. It was improbablo that tho sight of claimant's remaining eyo would booomo further impairc^l. Conoborativo evidence was givon by Dr. James.

, J. r R. Ryder and J. M. Arthur deposed that''it wn.s unsa'fo to work in a smithy with a man who possessed only ono oyo. _ ■ Evidenco for tho defence was also given. Mr.,Myers, for claimant, said it might bo preferable to award his 1 client a lump sum. •Tho Court held that tho case was ono iii which, it 1 was I not desirable at - tho present stage to award .a lump sum. < It could not tell tho extent of tho incapacity or how long such incapacity would continue. It was satisfied that claimant's incapacity bad continued up to tho present timo. An order for tho payment of £1 7s/2d. weekly during incapacity would bo made. If respondent company gavo claimant- suitable employment which would enablo him'to earn tho wago which ho was formerly paid, application could bo made to ,the Court, to liavo tho payment of _ ! compensation discontinued. Costs amounting to seven together with disbursements, etc., were awarded claimant.' 1 APPLICATIONS FOR ENFORCEMENTS. Tho'Stewart .Timber, Glass, and Hardware Company, Ltd., woro charged with having, employed oertain workmen as yardmen nt less than tho minimum rato of pay for that class of labour. . ' Tho oaso for" 'tho Union was • that : tho workmen, who wore classed by 'respondents as : yard-lahoiirers, were ,'yardmen -, because thoy measured;timber before-delivery to. ens-' tomors, arid before tho final'checking bv tho yardman. . Aftor. hearing evidence, the Conrt reserved its. decision.,