CLAIM SUCCEEDS

Dominion, Volume 26, Issue 186, 4 May 1933, Page 7

CLAIM SUCCEEDS

Injury to Watersider COMPENSATION AWARDED Judgment for Felix Ernest James, waterside worker, who proceeded in the Arbitration Court against the New Zealand Shipping Co., Ltd., as the result of head injuries received while engaged in work connected with cargo operations of one of the company’s vessels, has been given by Mr. Justice Frazer. The claim was made under the Workers Compensation Act. Mr. Justice Frazer said the medical evidence was conflicting, and the court was unable to arrive at a conclusion as to whether plaintiff was still totally or partially disabled, and as to whether his disability, if any, was due to organic or functional causes, or partly to one and partly to. the other. The court accordingly, with the consent of the parties, referred the medical aspects of the case to Dr. W. J. Macdonald, of Wellington., The notes of evidence were read to him, and the court directed him on the legal points involved, and left it to him to make what examination and tests he considered necessary.

Dr. Macdonald in his report expressed the opinion that claimant had as a result of the accident an intra-cranial lesion of which signs wore still distinguishable; that some disability had originally been due to the lesion; and that now the lesion was practically non-operatlve in the production of symptoms. Dr. Macdonald recommended that an immediate and final settlement of the claim be made, and suggested as a basis the amount payable for total incapacity from the date of the accident to the date of bearing, less any amounts already paid.

judgment was given for plaintiff for full compensation to March 31. 1933. plus £1 first-aid fee. less payments already made. He was allowed £B/8/costs and £4/4/- witnesses’s expenses.