AN INJURED ARM

Evening Post, Volume CVIII, Issue 45, 21 August 1924, Page 6

AN INJURED ARM

" CLAIM FOR DAMAGES.

In the Arbitration Court to-day, Arthur Snookes, of Ohakune, labourer, brought an action against the Crown for compensation for .an accident sustained by lam while in tho employ of tho Public \\orks Department, crushing stone, at Ohakune.

Mr. W.E. Waldegrave, of Raetihi, an. pearcd for plaintiff, and Mr. J. Prendevillo for the Crown.

In his statement of claim, plaintiff stated that on tho. 9th o£ August, 1922, wlnle engaged in his ordinary work he met with an accident—injury to his left arm, resulting in. trophic disease of the elbow joint, and has since * been totallj disabled. Whilst crushing metal, he said, a stone was. discharged from the jaws of the crusher'and struck him on the elbow. His average weekly earnings, calculated in accordance with the provisions of. the Workers Compensation Act, were not less than £4 13s 6d. He had been paid weekly compensation, at tho rate of £2 y.s' tho total sum so paid amounted to il/8 4s. Ho claimed judgment as fol-ows:-(l) A weekly payment of £2 14s o tho .date of ihe trial of the action; {■Z) a lump sum as for loss of the usi> of the left arm; (3) £1 medical expenses: anil costs'.

In-tho' sliitincnl of defence, the fads of the accident and the injury were admitted The question at issue- was as to whether the injury was permanent. It was contended, for the defence, that the injury was not permanent, and that by voluntary purposive movements the disability would have disappeared within twelve months from November, 1923 Dr. Feltliam, of Raetihi, said he had been treating Snookos, and had found wasting of the muscles of the left arm and loss of sensation. Tho injury had weakened, the muscular movements. Although there had been some improvement, witness expressed the opinion that plaintiff was still quite disabled for hard work.

Dr. M'Dairmid said that plaintiff had been under treatment for some time in the Taihape Hospital. There was still some pain and muscular weakness. Dr. k- M. Hay, of Taihape. Hospital, expressed the opinion that there was 60 per cent of total disablement; plaintiff was not. in witness's opinion, fit to do heavy work. Dr. I-I. .T. M'Lean thought that with light work and voluntary movement the arm would be quite normal in about twelve months. His estimate of the disability of the arm was that it only oxlendocMo 20 per cent. Dr. E. W. Gi.->seii was of opinion that if plaintiff took up liiflil; work. • the arm would bo restored to normal in about twelve months. " ■ The furlher. hearing of the case vas> adjourned.