COMPENSATION CLAIM

Evening Post, Volume CXIII, Issue 62, 15 March 1927, Page 9

COMPENSATION CLAIM

AGAINST CORPORATION

JUDGMENT FOR DEFENDANT

A claim for £750 compensation against the City Corporation was made by Amy Bitossi in the Arbitration Court yesterday afternoon. Massimo Bitossi, the plaintiff's husband, died while in the employ "of the Corporation, and his widow claimed compensation and £20 funeral expenses.

Her statement set out that tho deceased, who had been,' employed by the City Council for over twelve years, suddenly overstrained himself while working at the Corporation's destructor, aud collapsed and died. The plaintiff said that she and her children were entirely dependent on her husband for their maintenance. It was denied by the defence that the deceased's death was the result of a sudden strain or jerk, and it was contended that as no post-mortem hid been held, it was impossible to say what had been the cause of death.

After hearing lengthy evidence, the Court gave judgment in favour of the defendant Corporation. His Honour (Mr. Justice Frazer) said that the deceased was undoubtedly suffering from some form of heart disease, but it was impossible to say just what form that disease was, just as it was impossible to say what was the cause of death. It was common ground that the work he was doing could be fairly described as heavy work. The claim was that tlie deceased was subjected to a sudden strain that accentuated his heart condition and led to his sudden death. His Honour said that there was no evidence of any particular strain. The case for the plaintiff rested on two presumptions. First, that the deceased had mitral heart disease, and second, that the cause of his sudden collapse was a strain. If these two propositions were granted, then it might be said that he died as the result of. a.strain: ■■ Before it could be said that the deceased had mitral disease, the difficulty had to be overcome that these two presumptions had bceu proved. The Court had come to the conclusion, although with some regret, that though there may have been a strain, yet there were other explanations of the deceased's death that were quite feasible. His Honour said that it was unfortunate .that the application for lighter work for Bitossi had not been acceded to at the time. Of course, the application was made very shortly before the collapse of the deceased, and no doubt some attention would have been given to the request it the deceased had not collapsed when he d:d. That was a circumstance that could not weigh with the Court, but it was a circumstance that the City Council might takq into consideration if making n compassionate allowance to Mrs. Bitossi. i •:■« E# Leicostol' appeared for the plaintiff, and Mr. J. O'Shea for the defendant.