CLAIM FAILS

Evening Post, Volume CXI, Issue 74, 28 March 1931, Page 25

CLAIM FAILS

COMPENSATION CASE

ALLEGED HEART INJURY

Compensation for alleged permanent total incapacity was claimed from the Wellington Harbour Board by Reginald Carr Rex in the Arbitration Court yesterday. Ho alleged that while ongaged as' a casual employee of the board on 10th March, 1930, he had, injured his heart through over-exerting himself in pulling a truck loaded with cases. \ The "board pleaded that the mine compensation payments of £3 5a 8d a week made to the plaintiff wore on the basis that he had suffered an accident in the course of his employment. Information had, however, been acquired by the board which, it was submitted, clearly showed that the plaintiff did not meet with an accident at all. Mr: F. W. Ongloy appeared for the plaintiff and Mi-. C. A. L. Treadwell for the .Harbour Board.- ■ The plaintiff, in the course of his evidence, said that'he" first knewthat he had anything wrong • with Ma heart when he was called up for war service and was reje'etod.. At present he was subject to attacks of giddiness. _ In May last he was committed to prison for six months. With the exception of two days he was engaged, in peeling potatoes every day while he was in prison. He had been unable to work at anything heavier. , , ~ Cross-examined, witness' denied having told his companion on the job that he had a "crook" heart, lie admitted that after he was convicted he asked his sister to obtain a certificate to the effect that he had suffered.from heart trouble for years. ' No special treatment was prescribed for him while he was in prison. . Drs. Bowerbank- and1 Henry gavo evidence for the plaintiff. Mi1. Treadwell submitted that there was no case to answer. The plaintiff had admitted that he had said nothing at the time,-about, straining hia heart. <3n th'a evidence it was going top far to suggest that the" defendant should bo obliged to explode what was nottdng more than a. theory. Counsel asked the Court to rule that under the circumstances and in view of the fact- that (.ho plaintiff had chronic heart trouble, and had .not mentioned any particular strain to his doctor as having caused the breakdown, tho defendant should not bo called upon. Mr. Justice Frazer' said that the Court could not take -such a view. The case was one in which it was nocessaryto' hear all the medical a,nd lay evidence in order to draw a proper 'inference. Evidence on behalf of the board was given by Drs. E. W. Giesen and D. M. Wilson. . In1 the 'course of '-the judgment, Mr. Justice Frazer' said that on the whole of the evidence tho Court was inclined to the view that the srain complained of was'merely a passing embarrassment of the heart, which did not leavo it in any worse condition, than beforo". There was no evidence to entitle the Court to say that the heart received any damage. Judgment would accordingly be, for tho defendant. Costs were fixed at £10-10s, with £4 4s expenses."