UNUSUAL CLAIM

Evening Post, Volume CXXXII, Issue 134, 3 December 1941, Page 15

UNUSUAL CLAIM

STRUCK BY LIGHTNING

When a claim for compensation for injuries received through being struck by lightning came before Mr. Justice O'Regan in the Compensation Court at Invercargill last week, the unusual nature of the case was indicated by his Honour's pointed warning to counsel for the plaintiff. Before the hearing of evidence was commenced, his Honour said he wished to make it clear from the start that, for such a case to succeed, it must be proved that a workman was,' by the nature of his work, exposed to lightning and its effects to a greater extent than ,the general public.

The plaintiff was Michael Hogan, of Invercargill, a labourer, and the defendants were Early and Moor, a firm incorporated in the United States and carrying on the business of sausage casing manufacturers at Bluff. The claim was brought under the provisions of the Workers' Compensation Act. In his claim the plaintiff said that he was employed by the defendant company at Ocean Beach as a labourer. He was struck by light-, ning while working and was totally incapacitated as a result. He was still unable to work. He had been employed by the defendant company at £6 15s a week. He had suffered a permanent partial incapacity, causing a decrease in his average weekly earnings. The defendant company had made payments to the plaintiff totalling £36, but these payments had been wrongfully stopped by the defendant. The plaintiff claimed compensation for the period of incapacity, including both total and partial. The defence admitted the accident and injuries in the course of the plaintiff's employment. It was denied that the accident arose out of his employment. Two payments of £18 had been made to the plaintiff after the accident, but these had seen made ex gratia and without any admission of liability. Af +er hearing evidence, his Honour reserved his decision.