RARE DISABILITY

Evening Post, Volume CXXIII, Issue 40, 17 February 1937, Page 17

RARE DISABILITY

A WORKMAN'S CLAIM

DECISION RESERVED

The Arbitration Court reserved its decision yesterday afternoon in the claim for compensation brought by William Patrick McCormack, carpenter, of Petone, against General Motors (N.Z.), Ltd. The medical evidence showed that the injury had some unusual features. ...

Mr. Justice Page presided, and with him were Mr. W. Cecil Prime (employers' assessor) and Mr. A. L. Monteith (employees''assessor). Mr. P. J. 'O'Regan appeared-... for plaintiff, and Mr. H. F. Q'Leary, K.C., with him Mr. E. D. Blundell, for defendant company.

I Mr. O'Regan said that the case had some rather unusual features. The i occurrence of the accident was denied by the other side. The facts were that while in the .employ of the defendant company, the plaintiff met with what appeared a trivial accident. With three other men he was engaged in shifting a partition up a stairway when his right foot slipped and he fell backwards. He felt some inconvenience but did not stop work. He reported the accident. His leg gradually became more troublesome, and on August 21 he had to stop work. He was sent to hospital, and had attended there as an out-patient ever since.

The plaintiff, in evidence, describing how the accident occurred, said that the partition- measured seven feet by six feet by four inches thick, ' 'and would weigh between.two and a half and three hundredweights.; He had received massage treatment from September to January,. and was still an but-patient. He was wearing a splint, and when the splint • was taken off he lost the use of his foot.

In cross-eXamination;.. the plaintiff said he went to see Dr. Hutchison in July, 1935, about his right knee, the condition of which he attributed to an accident.

Evidence. was given by fellowemployees as to the occurrence of the accident.

Dr. W. S. Robertson said he saw the plaintiff on September 16 at the hospital. He was, suffering from a dropped right foot and complete paralysis of certain leg muscles. He attributed the injury to accident There was no evidence of any disease that might have caused the trouble.

Cross-examined, the witness said that with the usual dropped-foot appliance the plaintiff could manage to do his usual work,; providing there was no ladder or scaffolding work. The, case was an unusual one. Dr. S. D. Rhind said that in his opinion the plaintiff would suffer from permanent foot-drop and would always have to wear the apparatus. His disability would be equivalent to the loss of use of half the leg below the knee. Cases of .dropped foot were exceedingly rare, and the cause had been extremely difficult to diagnose.

The slow onset-of the : complaint was consistent with the plaintiff's history.

Dr. Robert Stout ascribed the condition of the plaintiffs foot to injured muscles, which gradually became fibrous. His agility would be impaired.

Mr. O'Leary moved for a non-suit on the grounds that the plaintiff had not brought sufficient:-. evidence to prove that the injury arose out of an accident, in May.

The Court, however, held that there was a case to answer.

i Dr. W. J. Hutchison, called by the [defence, said he examined the plaintiff some six weeks after the accident. The ! plaintiff complained of pains in the iknee which witness diagnosed, but he certified that the plaintiff was able to continue his work. He examined the plaintiff again in August and certified that his condition was not due to-his employment. Early in. September the plaintiff showed signs of dropped foot. He was unable to account. for ' the plaintiff's condition, and considered it quite impossible for it to have arisen from the accident in May.

'■■\ Dr; E. W. Giesen said that, with his present 'knowledge of the plaintiff's accident it was impossible to diagnose his condition. . Dr. N. R. McKay said he saw the plaintiff in November. He could not account for the results of the accident not appearing until August. No similar case had been recorded. - -,

The Court reserved its decision.