MINER’S CLAIM FAILS

Greymouth Evening Star, 2 November 1939, Page 5

MINER’S CLAIM FAILS

BLACKBALL COMPENSATION CASE

Judgment for the Blackball Coal Mines Proprietary, Ltd'., in the case in which John Kermode, of Blackball, a miner sought compensation for an injury, is given.in a. reserved decision issued by the Arbitration Court. Leave to apply for costs was reserved. The case was heard in Greymouth on August 21.

In June, 1938, Kermode struck himself on the shin with his pick, but remained at.work for some days afterwards. lie saw Dr. Sneddpn,, thejn medical officer for the Blackball Medical Association, on June 23, July 4, and July 5. On the last date he was given a certificate to cease work, and was paid' compensation. On August 31 he was given a certificate to resume work on, trial. He worked until the mine closed down in December. Kermode claimed that from that date to August 21, 1939, the date of the hearing, he was totally incapacitated as a result of the original injury.

The company contended that any incapacity after he resumed work was due to skin disease caused by varicose veins, not the pick injury. Medical evidence showing marked conflict, the Court found it so difficult to decide that Kermode was sent to be examined by Dr. P. E. Allison, a dermatologist.

Dr. Allison reported that Kermode was an eczematous subject, and was liable to break out into eczema from a slight cause which would not harm an ordinary person. Eczema could easily be set up by such an injury as that caused by the pick. Dr. Allison considered that if, at the time the pick wound healed, there was no eczema or severe inflammation of the skin, it was impossible that the pick wound could' have been the cause of the eczema and the associated ulcers of the leg. If the eczema was caused by the pick wound, it must have been present on September 9, when Dr Sneddon and Dr. Hutson said the pick wound had healed. If there was a period from September 9 to October 17 when the wound was healed and there was no eczema of the skin, the subsequent eczema and ulceration could not be attributed to the pick wound', but would then be due to his eczematous diathesis, plus the varicose veins as a localising cause.

“I consider that at present he his fit for work, with his leg suitably bandaged,” continued Dr. Allison. “He will always be subject to attacks of eczema on that leg, but any such attacks in the future could not possibly be attributed to the pick wound.” Even if the pick wound was the cause of the eczema, its effect would not last longer than three months from the time the wound healed. Judgment was therefore given for for defendant.

The judgment expressed regret at the delay in dealing with the case. Dr. Allison nad made his report promptly Mr. Justice Callan had returned to other duties before it was received, and it had been difficult to arrange for the necessary conferences with the other members of the Court.