AN INJURED KNEE.

Dominion, Volume 4, Issue 1071, 9 March 1911, Page 2

AN INJURED KNEE.

COMPENSATION AWARDED.

In the Arbitration Court on Tuesday a young labourer named Henry Bartlett claimed compensation from Peter Hutson and Co. for injury to his left knee. Mr. A. Ilindmarsh appeared for plaintiff, and Mr. A. A. S. Mcnteath for respondent. Dr. Hislop said that ho examined tho plaiutiff last Friday, and found, inter nlin, a thickened lump below the left kneecap, the patient having apparently sustained a blow on the knee. The thickening would probably lie permanent. Tho use o? the leg would be interfered with to .1 certain extent. The plaintiff would probably be able to do a certain amount of navvying work after a while, but not without ineonrcnience. To Mr; Mcnteath: A certain amount of improvement would take place with use, but the leg would never bo as good as the other. Dr. Hardwick Smith, in charge of the Wellington Hospital, said the plaintiff came to the institution on November 12. 1909, and was treated there for a month or so, but was again admitted some months later, when the knee-joint was still slowly 'thickening, and tho patient had considerable pain. He was operated upon; aud som'* thickened membrane was removed. He left again after a few weeks, considerably improved. Witness had since seen him on and off, alwavs wnlkinn with a limp, and using a stick. -Plaintiff had said he .sufferedpain in walk-, ing. : Witness would expect this. The plaintiff would always have n,_ certain amount of impairment of the joint, and witness did not think he would ever bo able to follow navvying as a regular occupation without pain and inconvenience. To Mr. Mentcath: Plaintiff would be aMp to do sedentary work. • The plaintiff said he could now only walk about two and a half miles at a time, and that only with a stick.' Ho had been exercising his leg as much ns he could by walking and swimming. Ho had never done anvtln'ng but' manual labour, arid had not the necessary education for other work. He came out from Gloucestershire. England. in 1909. From the time of the accident until October, 1910, lie was paid ,£1 3s. id. a week. He then declined to accept I.ls. a week ill settlement from the insurance company. He had not. worked since the accident. Mr. Menteath submitted that tho ca=o was not one for a liini" sum. but for " weekly payment, and that, the plaintiff was nuite canable of earning something by light work. If a lump sum were awarded, and the plaintiff's condition improved, 110 portion of the amount could be recovered. Dr. Faulke, senior visiting snroeon at the hospital, said he saw the plaintiff won after tho accident, and recommended hi' removal to the hospital, and saw him afterwards several time*. 11l .Tunc Inst .witness advised plaintiff to get some light work, .as this would improve tho knee, and take plaintiff's attention from _ it. Plaintiff would not airree to try light work. Witness thought there would be some improvement iu the present condition of tho knee. He thought gardening would bo, suitable work for plaintiff. At auv rate, it could do no harm, as the knee could not now get worse. The pain would probably go off when plaintiff was occupied. To Mr. Hindmarsh: no thought plaintiff would eventually be able to do any kind of manual work, but would never be able tn run 100 yards within two seconds of the time he could have done before. He did not know whether the Ocean Accident Co. had ever offered tho plaintiff light work. Mr. Hindmarsh submitted that a weekly payment 'would not meet the case, but would cause worry , and anxiety, and repeated applications to the Court. 'His Honour (after conferring with the other members of the Court) said tho case was not one for a lump sum, as the nlaintiff might wholly or liartially recover. He should attempt any light work which the employers offered, and Dr. Faulke approved. The order would be that thn plaintiff should lie continued to be paid 3s, Id. per week, as from October 8. Costs five guineas were allowed to the plaintiff, with witnesses' expenses and disbursements.