CHRISTMAS ACCIDENT

Evening Post, Volume CXIII, Issue 139, 16 June 1927, Page 13

CHRISTMAS ACCIDENT

COMPENSATION CLAIM

CASE AGAINST LICENSEE

Workers' compensation cases occupied the attention of the Arbitration Court— His Honour Mr. Justice Frazer (president), Mr. W. Scott (employers' representative), and Mr. A. L. Monteith (workers' representative)—to-day. Avill Gradley Colledge, widow, of Wellington, claimed £604 10s compensation irom William Beveridge, licensee of the Occidental Hotel, Lambton quay, on account of the death of her late husband, beorge Colledge, hotel worker, as the result ot an accident which allegedly occurred in the course of his employment. Jhe statement of claim alleged, that on 24th December, 1026, the deceased was assisting to raise a barrel of btfer from the floor to the counter of the saloon bar of the Occidental Hotel, and while doing so suffered from right inguinal hernia. For this he underwent an operation in the Wellington Hospital on 13th January and died of pulmonary embolism following the operation. His weekly earnings averaged not less than £3 17s 6d, and he left a widow and one child aged three. _Mr. P. J. O'Kegan appeared for the plaintiff., and Mr. H. F. O'Leary for the delendant, who denied the allegations in the claim and disclaimed all liability. Mr. O'Leary stated that the defence did not contest that the embolism followed upon the operation.

His Honour: "Therefore the whole point at issue is whether the hernia was caused by_ or aggravated by the accident." L The_son of the licensee stated that on the afternoon of 24th December last the deceased helped him to lift an 18-gallon barrel of ale, weighing some 2cwt, and afterwards complained of pain in the groin, remarking that he thought lie had ruptured himself; Deceased was the hotel porter, and J;his was not his usual work He worked the rest of the day, and also on Christmas Day; but that would be a very quiet day, like a Sunday. He did no work after Christmas Day. TW plaintiff stated that on Christmas £ V 6 fi 6,. d! cease(i told her that he w.g vV c had ru Ptuied himself at the hotel lifting a barrel of ale, and there was a swelling in the groin about the size of an egg. ..

Dr. E W. Smyth deposed that he was consulted on Christmas Day about 7pm arid advised the deceased either to wear a truss or undergo an operation. There was on%hTleft as i se? ViOUS OPeratiOn f°r hernia

.By J-Ir. O'Leary: "1 agree that hernia is usually^due to congenital weakness, but not that it is rarely the result of a ♦ -n '» 1S ofteu aggravated by a

By Mr. O'Regan: "The appearances were qmfcMn accordance with the history of the

Dr. C. K. Childs, who performed the operation at the hospital, stated that, in oX-n P Tt! 1- the h?rnia was of re<=ent origin Ihe opera tmn was a successful one, but embolism followed some twenty days afterwards and, the patient died Deceased told him.that he "felt something S<™ . when hfting the cask of ale By, Mr. O'Leary: "It i 3 quite possible' that after the strain the deceased would not be msucK,agony that he could not Id r™° & Hernias that incapacitat--11 on the spot were rare." waf'JnV f -' to.whom **"> deceased was sent tor examination on behalf of hi* nS cV ai d that'deceased gave him the history of the case, stating that he felt i£W* «-: but hesaid le had n°t noticed the swelling until Dr. Smyth found fn i D V?"i On vthere was no evidence Chrt Omas th E le* he hernia did on

m, «« T? Re«an,: ?f '* y°ur oPmion that no such case should be treated as an accident unless the hernia and, the incapacity are contemporaneous ?"-"That is so" Dr.'Giesen added that if the hernia had been produced or aggravated on Christmas Eve he could not have gone on work-

dr^V °M|!? (l'e. ca'lei'> **«* there was no doubt in his mind that the lift on 1 24th pecomber caused the deceased pain and TnU'™-* 0 h??' Hal £or■«* operation rt«.»7 th,?J e waa not the slightest doubt that that lift caused nn accident in the .sense of a physical lesion. tiff LfT UTt ?i aY(* Judß"ient for «'C Plaintirl for the full amount, £ 604 10s