ARBITRATION COURT

Evening Star, Issue 22595, 12 March 1937, Page 9

ARBITRATION COURT

COMPENSATION CLAIM The Court of Arbitration —Mr Justice Page, Mr W. Cecil Prime, and Mr A. L. Monteith—was occupied this morning hearing a case in which Ronald M'Vitty Kennedy (Waikaia) claimed compensation totalling £4Ol from the King Solomon Deep Lead Company Ltd. (Gore) in consequence of an accident in which the plaintiff’s right knee was injured. Mr J. G. Reed appeared for the plaintiff and Mr F. B. Adams for the defendant company. As set out in the statement' of claim, the plaintiff was a miner of Waikaia employed by the defendant gold mining company. About August 8, 1936, the plaintiff suffered injury to his right knee through having it crushed by a truck. As a result of the accident he suffered from traumatic arthritis, and became partially and permanently disabled. Compensation had been paid the defendant at the rate of £3 13s 8d a week until December 18, his average weekly earnings at the time of the accident being £5 10s 6d, Compensation to the extent of £4OO was claimed, in addition to £1 medical expenses. Mr Reed said the plaintiff was working as a trucker, bringing a loaded truck down a slight grade to a turning place with the intention of turning it on to another line running at right angles. While attempting to slew the truck it came back on to the plaintiff’s knee, jamming it between the truck and the rail and taking the whole weight of the loaded truck. He managed to replace the truck, and at the time the leg was decidedly sore, but not bad enough to stop work. He could ill afford to waste time, so he carried on. After a few days he told the manager the leg was not getting better and he would have to see a doctor. August 22 was the first time he had seen a doctor since the accident. Counsel submitted medical certificates from Drs Watters and Rodgers, of Gore, which detailed the extent and effect of the injuries. The whole matter, said counsel, would largely resolve itself down to a conflict of medical evidence. Evidence was given by the plaintiff and James Renfrew White. For the defence Mr Adams said they only wanted to be fair and reasonable with the plaintiff, but the claim that he was partially and permanently disabled was not a fair and reasonable view of the case. Evidence was given by Francis Gordon Bell, professor of surgery at the Otago Medical School.

(Proceeding.)