ARBITRATION COURT

Greymouth Evening Star, 28 April 1938, Page 9

ARBITRATION COURT

COMPENSATION GRANTED. In the Arbitration Court al Greymouth, yesterday atternoon, the hearing of a petition of right by Lemon James Manthorpe, labourer, of Stillwater, who sought compensation from the Crown for alleged total disability, arising out of an accident at the Kiwi overbridge on May 26, 1937, was continued, and after the hearing of medi- < al evidence, the Court awarded compensation amounting to £415/0/6, in addition to that already paid. The members of the Court are Mr Justice O’Regan (President), Mr \vCecil Prime (employers’ representative) and Mr A. L. Monteith (employees’ representative). Mr \VDouglas Taylor appeared for suppliant and Mr F. A. Kitchingham for the Crown.

The case for suppliant was continued after the luncheon adjournment, the witness being Dr. J. F. C. Moore.

Dr. Moore said that he examined suppliant on January 13 last, and detailed what he (Mnthorpe) had told him relative to the accident at the Kiwi bridge and the injuries that he had received- From his examination witness found that suppliant was a man of poor physique, but he had no complaints other than those which he referred to the accident. There were

signs of wastage in the left thigh and i call, and of osteo-arthritis change in ! the vertical column of the spine. He J had limited movement in the right knee and the left knee was painful and stiff. Bending the body forward I caused pain in the hip joints. The I X-ray bore out the diagnosis of osteoi aithritis in the spine, hips, and knees. The left knee, in particular, had the joint area diminished and the outline was impaired, indicating either a condition of chronic strain, or what amounted, to the same thing, atrophic arthritis. In addition, there was marked calcification of the pelvic and leg arteries. He displayed general signs of the onset of old age, and he (witness) would consider his outlook for return to work was very bad. Witness did not think the condition from which ho suffered was due primarily to his arthritis, which had probably been present 10 or 15 years, but the wrenching and consequent sprain had enfeebled joints which were being slowly crippled by arthritis. In addition to this there had been wrenching of the soft parts, which would cause his sciatic nerve pain. In witness’s opinion his physical condition would forbid bone-grafting treatment. Moreover, further manipulation was unlikely to improve the condition. Witness considered that in view of the fact that suppliant’s pain re-occurred after the last manipulation, and in view of his physical condition being poor, the wrenching that would be produced by the manipulation would not, as in the case of a younger man, improve his condition but would possibly increase his disability. He considered that within 12 months suppliant would be capable of doing selected light work, his disability being then reduced to about 5U per cent. To Mr Taylor: At present he was 100 per cent, disabled and he (witness) thought that he would continue so lor about 12 months- In witness’s opinion, the condition would not have occurred if it had not. been for the accident. He did not consider any treatment would be effective. Witness suggested that the kind of work suppliant might be able to do after twelve months was as a caretaker, nightwatchman or petrol station attendant. To Mr Kitchingham: Calcification may commence in the early forties and he had seen men living at 70 who had calcification so bad that one could not feel a pulse anywhere on their bodies. A man with suppliant’s disability could perform work, if he could work at his own rate. He did not think he could act as a barman, except in a country accommodation house; he was too crippled. To Mr Monteith: Witness thought suppliant had a reasonable chance of living five years or longer. To His Honor: Witness did not think the nervous element entered into the case, as suppliant was definitely not a nervous man.

METHOD OF PAYMENTMr Kitchingham said that the report of Dr. Dickson indicated a short expectation of life, and in view of suppliant’s general condition it was telt that weekly payments should be ccntniued rather than the payment of ;i lump sum. Dr. Moore’s evidence indicated that after twelve months disability would be reduced 50 per cent., w'hich was a phase of the matter which had not been presented to the Department. Dr. Cotter’s and DrDickson’s reports rather indicated total disability, with little chance of improvement. However, Dr. Moore had had the advantage of knowing suppliant for a considerable time and probably his evidence was correctThe only evidence that he (Mr Kitchingham) had to tender was Dr. Dicksen’s report and formal proof of the compensation paidJohn Allen Shannon, chief clerk, Public AVcrks Department, Greymouth, said that the actual amount oi compensation paid to suppliant was £125/13/3, up to April 1, 1938, it being compiled at the rate of £2/16/9 pei* week. Ju addition CJ. had been paid to Dr. Fitzgerald lor first aid. Air Kitchingham put in the medical reports from Dr. G. Dickson and Dr. V/. M. Cotter, Christchurch; and quoted authorities in support of weekly payments rather than the granting of a lump sumAfter a retirement of half-an-hour, His Honor announced that, on the authorities, the Court had no jurisdiction to estimate a shorter expectation of life than six years, and. it was not competent for them to say that suppliant had a shorter expectation of life than that period. They had the alternative of computing a lump sum for five years or ordering weekly payments for that period. After mature consideration they had decided to allow a lump sum, and had acted on Dr. Moore’s evidence that the period of total disability would expire after twelve months. They had, therefore, allowed 52 weeks .at full compensation and tho remaining 213 weeks at half compensation. In addition, four weeks’ full compensation was now due, equivalent to £ll/7/-; 52 weeks at full compensation commuted, and the balance of the period, 213 weeks at a week, was equal to £403/13/6, making a total of £415 0/G, in addition to the weekly coinpensation already paid, to April 1. Judgment would accordingly be given for full compensation to date, fun compensation for 52 weeks from date, and

thereafter half compensation. In addition, suppliant would be allowed £lO/10/- costs and one medical witness at £2/2/-.'