BLACKWATER MINERS

Greymouth Evening Star, 11 July 1931, Page 12

BLACKWATER MINERS

DOCTORS’ CLAIM FAILS [OTJB OWN CORRESPONDENT.] REEFTON, July 10. At the Magistrate’s Court before Mr. W. Meldrum, S.M., Drs. W. A. Conlon and J. L. Wicken proceeded against the Blackwater Mines Ltd., claiming to recover the sum of £ll7 being the amount payable for medical or surgical attendance (including first aid), in respect of the workers referred to in list supplied, at the rate of £1 each. Mr. Morgan appeared for defendants, and Mr. Patterson for plaintiffs. Dr. L. J. Wicken gave evidence in support of tiie claim and was subjected to a lengthy cross examination as to the cases cited.

Dr. W. A. Conlon stated that before there was a Medical Association in Waiuta he drew up a scheme for the Medical Association. When that vras drawn up it was stipulated that where compensation was payable the medical man was to be paid £l. In the various cases cited if there was compensation payable to the men the medical officer was entitled to a fee of £1 for each. With other companies and the Lodge the fee of £1 for first aid -was charged compensation cases. Where men outside the Association or not entitled to compensation the sum charged would be £l/1/-. The onus of attention would rest with the medical officer not the matron of the hospital. The sole responsibility rested with the doctor who attended the person in-, jured.

Mr. Morgan quoted various legal authorities showing that only those entitled to compensation were entitled to receive payment. He referred to McLagan v. Blackball Coal Coy. a decision by Mr. Justice Fraser in a case almost parallel to the present claim by plaintiffs and after citing various authorities, Mr. Morgan claimed that the plaintiffs should be non-suited.

Mr. Meldrum intimated he was not prepared to decide on the non-suit point. Mr. Patterson contended that the McLagan case did not cover the present case. The claim was based on the fact that the words in the agreement were injured worker, that is one entitled to compensation not insured worker, as the latter could only claim to be insured if he had taken out a personal policy himself. W. Gore-Porter, local secretary of the Blackwater Mines, stated that he had prepared the list of men shown in the claim contended and for the past eight years the insurance company had paid a fee of £1 as a first aid fee. This was done as a matter of policy by the insurance company. In the list produced of 21 names several of the men were seen by the doctor, once only on the day before they returned to work.

To Mr. Patterson: He had made the payments to the doctors and sent a covering note stating that this was first aid fries in cases. To Air. Aleldrum: When the insurance company paid they would send a separate cheque for the first aid fees to the doctors.

To Mr. Patterson: We sent on the insurance company’s cheques when they came forward. In some cases we made advances to the workers and in some cases obtained a settlement but the medical officers W’ere not paid until the insurance company’s cheques came forward. I know from the company sheets when the men return to work.

Mr. Meldrum ruled, after lengthy argument that the case of McLagan v. The Blackball Coal Ooy. applied and he would non-suit the plaintiff with costs.

Mr. Patterson intimated that there would in all probability be an appeal against the judgment.