WATERSIDER’S CLAIM

Dominion, Volume 31, Issue 142, 12 March 1938, Page 7

WATERSIDER’S CLAIM

Heart Strain While Lifting Case A claim for compensation by a waterside worker, who stated that his heart had been strained while he was at work, was heard by the Arbitration Court at Wellington yesterday. Plaintiff was Joseph John .Armstrong, Wellington and defendant the New Zealand Shipping Company, Ltd. Mr. R. Hardie Boys appeared for plifintiff and Mr. W. P. Shorland for defendant. Plaintiff claimed that on March 23, 1937, he was stowing cased apples in the Cumberland, and while reaching over a stack of cases, three cases high to place a case of apples on a stack six cases high, he strained his heart. He had been totally incapacitated ever since, and would be in future. An alternative claim was that plaintiff had been under no physical disability before the occurrence in the Cumberland and had carried out all classes of waterside work, but if it was shown that he had suffered from a pre-exist-ing condition of heart disease the occurrence in the Cumberland had aggravated it. • A claim was made for such sum as plaintiff might be entitled to for compensation by weekly payments up to the date of judgment, and such lump sum as he might be entitled to in respect of permanent total incapacity.

Mr. .Shorland submitted that any heart strain caused by the lifting of a case had only accelerated the onset of a trouble that would have appeared soon in any case. 1

After hearing the evidence the court reserved its decision.