HUSBAND’S DEATH

Dominion, Volume 34, Issue 126, 21 February 1941, Page 9

HUSBAND’S DEATH

Full Compensation Award

To Widow

(By Telegraph—Press Association.)

» AUCKLAND, February 20. The award of the full amount of compensation claimed by a widow whose husband suffered from advanced heart disease has been made by the judge of the Compensation Court, Mr. Justice O’Regan. Plaintiff was Mrs. Agnes Miller, widow of Alfred Harold Miller, carpenter, who brought her claim against the Residential Construction Company, Ltd., Auckland, her late husband’s employer. She sought £lOOO compensation and £l6/10/- funeral expenses, alleging that her husband died on February 7, 1940, us the result of an injury arising out of his employment. His Honour said the post-mortem examination showed that Miller was suffering from advanced heaft disease of Jong standing, one coronary artery being almost obliterated. There was extensive congestion of other organs, and it was common ground that death might have occurred at any time, even at rest.

Two doctors were satisfied that death had been precipitated by the effort of working, but two other doctors, for the defence, held that the effort involved in the work was not severe enough to cause death and that Millet would have died when he (lid in any event.-

His Honour said that thougli he was much Impressed by the medical evidence for the defence, he was satisfied Miller died as the result of injury by accident arising out of his employment.

After referring to leading cases decided by the House of Lords, he said the current of authority was so strong that it was impossible to come to any other conclusion than that the widow was entitled to compensation. He gave judgment for £lOOO compensation, £l6/10/- funeral expenses, £2l costs, and also witnesses’expenses.