AN INJURED KNEE

Evening Post, Volume CXIII, Issue 141, 18 June 1927, Page 11

AN INJURED KNEE

COMPENSATION' CLAIMED

Another Compensation' case camo before the Arbitration Court yesterday when Bobert John Clarke made a claim against the Wellington Harbour' Board for injuries alleged to have been sustained in July last 'whilst■•'working oil the King's Wharf. On the Bench were; Mr. Justice Trazer and Messrs. W. Scott and A. L. Montoith. For the plaintiff, Mr. O. C. Mazengarb app'earer, Mr.. C. H. Treadwell representing the' defendant board. . ..

The plaintiff's ease was that, while he was loading, timber into a railway truck he fell a distance of three or four feet,--injuring liis knee. Tho injury . became progressively worse, until -finally plaintiff had to goto the Hospital, where .he... remained six months. As a result of the injury he was still incapacitated frpm Work. The statement' of defence* admitted the ■employment of the plaintiff, but denied the occurrence of, the accident. Alternatively, the defendants claimed thai, if the accident'happened, "the plaintiff's condition was brought about by continual drunkenness, culminating in delirium tromeiis, whereby a trifling .injury wag aggravated.". A further de^ fence was to the effect that the plaintiff gave no notice' of the alleged accident as required by tho Workers' Compensation Act, and that no action for the recovery of> compensation was commenced within six months.

Considerable medical evidence was tendered by both sides, during the course of which it was stated that the sudden deprivation of alcohol, coupled with the shock of an accident, might bring about delirium tfemeiis in the caso of a patient who had been used to taking -a fair amount of drink but who had not been on a drinking bout. . Thd Court expressed the opinion that there was somo doubt about tho medical aspect of tho case, but unfortunately for the plaintiff the legal aspect of the caso loft no alternative excopt to Rive judgment for the defendants, as the required notice of the accident had riot been given within tho statutory period. " ■ ■ .