COMPENSATION COURT

Greymouth Evening Star, 13 June 1940, Page 5

COMPENSATION COURT

WALLSEND MINER’S CLAIM JUDGMENT RESERVED At the Compensation, Court at Greymouth yesterday, before Mr. Justice O’Regan, James Ford 1 Coutts, of Wallsend, miner represented- by Mr. W. Douglas Taylor claimed! compensation for an accident Which her alleged occurred in the Wallsend mine. Defendants were the Grey Valley Colliery Company, of Christchurch, represented, by Mr. J. F. B. Stevenson, of Wellington. Practically the full day was occupied by the case. Judgment was reserved:

The statement of claim set out that plaintiff when employed by the defendant at its coal mine at Wallsend as a miner met with a personal injury by striking himself with an axehandle he was using; and 1 by reason of the accident plaintiff had l been totally disabled since August 1939, and would for sOme time be totally disabled from following his usual or any employment; and thei weekly earnings of plaintiff at the time of the accident were £9; that the defendant had not paid any compensation to plaim tiff; wherefore claim was' made- for a' weekly payment at the rate of £4/10/ from August 18, 1939, to. continue until the incapacity was ended, diminished or redeemed; a. lump sum in lieu thereof; medical expenses £l, and cofits. The defence denied that the accident occurred as stated, or any accident while employed' by the defendant, and further said that if plaintiff did meet with an accident as set out in the statement of claim that he suffered no personal injury as a result of the accident, and that if plaintiff had suffered any injury it did not arise out of or in the course of his- employment, with defendant. The defence also said that the weekly earnings of plaintiff at the time of the alleged- accident were £B/10/-. As an alternative, the defence said that notice of the alleged accident was not given to defendant assoon as practicable after the happening thereof in accordance of Section 26 (1) of “The Workers’ Compensation Act, 1922,” and as a result of the want of such notice that the defendant company was prejudiced in its- defence.

At the request of Mr. Taylor, all Witne’ssefe except the medical witnesses were ordered out of the court. His Honor said that three medical witnesses in the case had been heard recently in Dunedin.

PLAINTIFF’S EVIDENCE

Plaintiff, in evidence, said he was 34 years/ of age, married, with two children. He detailed the circumstances surrounding the accident which occurred; some time in April. He had had to rest after the accident, and saw the mark where, the axe handle had struck. He showed the mark to his mate. The deputy visited the place where witness/ was working, just before the accident, and witness a/n'cli his mate met the deputy on their way out of the mine. He reported to the deputy then that he had given himself a' ; blow, and explained how it happened. Witness also reported the accident to the underviewer that afternoon, when on his way to the bath-house. Foi* some time after the accident, the injured 1 part was sore. Witness did not lose any time at hist work. The injury was annoying, but not bad 1 enough to make him give up work. When the condition of the injury became worse he sought medical advice, on the advice of the undervielwer. After treatment, he was sent to hospital, by Dr. Sneddon, and at the hospital the injured part was removed. He was off work for 13 weeks', and no compensation had been paid him. Witness was now back at work. / To Mr. SteVenson: He could not be sure when the accident occurred but it was some time early in the second cavil. It would be round about May, but he could not be definite. He continued to work at the mine up to the time that he went 1 into hospital. William MeSs/er, depuy employed by the Grey Valley Collieries, Ltd 1 ., said that at the time of the l accident he was in charge of the section of the mine where plaintiff was working. He paid visits to plaintiff’s place twice in the morning and’ twice in the afternoon, as the roof was bad. His last visit to the! place on that day was just before the accid'ent. Coutts told witness he had received a knock from an axe handle, at knockoff time that day, but witness did not report the accident. Plaintiff’s 1 earnings in the mine would be as' good as any other man’s. From the day plaintiff reported the accident 'he did not again mention it to him. To Mr. Stevenson: He took it that Couttfe was reporting the accident only casually, and witness did no, more about it when Coutts 1 was, back at work the next day. Further to Mr. Taylor, witness said notices were posted at the mine requiring workers to report all accidents, however trivial. Coutts complied with the usual practice in advising witness of the accident, before he left the mine. To His Honor: If Coutts had not come back to work the day after he reported the accidetnt to witness, witness would have reported the accident. This was the usual practice in minor accidents. Alfred Hoggarth, miner, of Dobson, said 1 he had been plaintiff’s mate for about five years. He recalled the accident, and corroborated plaintiff’s evidence regarding it. Witness finished cutting the prop that plaintiff was cutting when the accident occurred. Witness also corroborated the report made to, the deputy, when witness and plaintiff were on their way out of the mine, within an hour after the accident. The accident happened on a Thursday, and was sometime in April or May. Plaintiff complained on several occasions to- witness that the injured part was 1 sore. To Mr. Stevenson: Witness thought tlie accident happened about May, and signed a statement for the mine office, but the date on the statement was only approximate.

MEDICAL EVIDENCE. When the Court resumed after lunch yesterday, lengthy medical evidence was given by Dr. Margaret Ruth Sneddon (medical officer to the Grey Valley Medical Association), Dr. N. FGreenslade (surgeon at the Grey Hospital) fox* plaintiff, and for defendant, by Dr. Philip Patrick Lynch,(doctor of medicine and pathologist to the Wellington Hospital),

. Sidney Quintrell, accountant-at defendant’s mine, called by the defence, said he made out an accident form on August 29, 1939. Plaintiff was not clear about the date of the injury, and it was by agreement between witness and plaintiff that May 26 was set down as.the-date. Witness produced the company’s books. showing that the first cavil of 1939 was drawn on February 22 and ended’ on May 20. The second cavil was drawn on May 17, and ended on August 12. Work on the second’ cavil started on May 21. Plaintiff’s weekly wage at the time of the accident was £B/16/8. Brief legal argument was submitted by Mi’ Stevenson, - after' which His Honor said he would take time to consider his decision, and would give a reserved judgment. The Court adjourned at 5.15 p.m.

TO-DAY’S PROCEEDINGS.

THREE CONSENT JUDGMENTS;

To-day’s sitting of the Compensation Court at Greymouth, before Mr. Justice O’Regan, occupied less than half an hour. Three judgments weje entered by consent, and one case was adjourned sine die. When the case of George Isaac Geddes, of Westport, miner, represented by Mr. W. Douglas Taylor, against the Cascade-Westport Coal Company, Ltd., represented by Mr. F. A. Kitchingham, was called, Mr. Taylor announced that a settlement had been reached. He asked for judgment by consent for plaintiff for £415, inclusive of costs, and in addition to Weekly compensation already paid. Judgment was entered accordingly.The statement of claim set out that plaintiff when employed as „a miner and flume attendant by the- defendant company at its mine at Cascade, near Westport, on July 3, 1939, met- with personal injury through a fluming on which he was walking, carrying away, resulting in -plaintiff suffering injury to his left hip; that plaintiff’s weekly earnings at the time of the accident were’£9/10/-; that by reason of the accident, plaintiff was wholly incapacitated! from July 3, 1939, and was permanently incapacitated from following his usual employment; that all compensation to which plaintiff was entitled in respect of total incapacity had been paid, but that plaintiff was still partially incapacitated, and was therefore unable to earn his preaccident wages; wherefore plaintiff claimed a weekly payment of £4/10/toi commence from July 3, 1939, and to continue until same is l ended, diminished or redeemed, or a lump sum in lieu thereof, and -the costs of the action.

The defence admitted: that; plaintiff was employed as a flume attendant; denied that he was engaged as a miner on the day of the accident, and stated that in such’ employment plaintiff was an independent contractor; admitted that while employed as a flume attendant he was injured as described; admitted that the • accident arose out iof his duties as a flume attendant; denied that his weekly earnings were £9/10/-, but admitted that his earnings were £B/1/9 per week; admitted total incapacity from July 3, 1939 to March 5, 1940 and 1 said that plaintiff had been only partially incapacitated from March 5, 1940. The defence further said that plaintiff was a member of the Cascade co-operative party which entered into an agreement with defendant on December 18, 1937, to mine the coal in defendant’s mine, and to transport such, coal from, defendant’s mine toi the Railways Department’s bin; that plaintiff was employed as a flume attendant on defendant’s flume connecting defendant’s mine with the Government Railway at Cascade, and claimed that plaintiff was an independent contractor and not a worker within; the meaning of “The Workers’ Compensation Act, 1922”; and'that at the time of his accident plaintiff was not working in defendant’s coal mine, and' was’ therefore deprived iof the benefit of Section 63, of “The Workers’ Compensation Act, 1922.”

RUNANGA CARPENTER’S PETITION

John Glynn, of Runanga, carpenter, represented by Mr. W. Douglas Taylor, petitioned for weekly compensation, for disablement, from the King. Mr. F. A. Kitchingham appeared for the Crown.

The petition iof right was to the effect that plaintiff when employed by the State Mines Department as a carpenter at Runanga, on February 8, 1939, fell from a height while erecting coal bins, thus suffering severe injuries- to the hip, back and legs; that at the date of the accident his earnings were not less than £5/19/2; that suppliant was incapacitated by reason of the accident until August 4, 1939, and compensation! was paid at £3/19/6 per week during that time; that suppliant was earning his pre-accident wages as a carpenter for the Department, but was still severely disabled; and) unfit for ordinary general carpentering work; wherefore suppliant claimed a weekly payment ef £l/9/10 as from August 4, 1940, to continue until the unfitness is ended, diminished or redeemed, or a lump sum in lieu thereof; medical expenses £1; and costs. The defence admitted the accident, but denied that suppliant thus suffered severe injuries to the hip, back and legs, and denied that suppliant was still severely disabled and unfit for ordinary general carpentering work; the defence also said that the last payment of compensation in respect of the accident was made on or about August 4, 1939, and that the present suit was not commenced within six months of that payment. x When the case was called, this morning, Mr. Kitchingham announced that a settlement had been reached, and he asked for judgment by co> sent for plaintiff for £370, inclusive of costs, and in addition to compensation already paid.

Judgment was entered accordingly.

ROA MINER’S CLAIM. Eric William Bell, of Roa, colliery employee, represented by Mr. , VDouglas Taylor, claimed weekly compensation from the Paparoa Coal Company, Ltd., of Wellington, for whom Mr. J. F. B. Stevenson, of Wellington, appeared. The statement of claim set out that on March 16, 1939, he was employed by the defendant.company in its mine at Roa, timbering a tunnel in the mine, and that on that date he slipped on the surface of the tunnel, as the result of which a piece of timber he was carrying fell across his left leg, plaintiff’s left leg sustaining injury eithei* by the slipping or the blow from the timber. It was claimed that plaintiff’s weekly earnings at the time were £lO, and that by reason of the accident plaintiff was wholly incapacitated from March 24, 1939 to April 20, 1939, and from August 5,

1939, to the date of the claim, and was stili-wholly and permanently disabled. Plaintiff therefore claimed a weekly payment of £4/10/-, credit being given for all sums paid by_way of compensation, and a continuance of such payments or a lump sum in lieu thereof.

The defence denied that plaintiff’s weekly earnings were £lO, and stated that they did not exceed £5/10/-. It was admitted that plaintiff was incapacitated from March 24 to April 20, 1939, but denied that he was incapacitated after August 5,' 1939, or that he was permanently disabled. It was claimed that if defendant was suffering incapacity or disablement, this .Ayas- due to preexisting disease. Judgment was entered by consent for £3OO, inclusive of costs, and in addition to compensation already paid. . CASE ADJOURNED. James Fairman, of Dobern, miner, claimed weekly compensation for partial incapacity, from the Grey Valley Collieries, Ltd., of Christchurch. Mr. W. Douglas Taylor represented plain* tiff.

The statement of claim set out that plaintiff was on August 26, 1938, -employed by the defendant company as a miner at the Dobson mine; that on that date plaintiff met with personal injury by catching his foot in the tramlines in the *mine, suffering severe injury to the right leg and knee. It was claimed that the accident arose out of and in the course of plaintiff’s employment, and that plaintiff’s wages were £5/7/6 weekly. By reason of the accident, it was claimed plaintiff had been incapacitated until May 6, 1940, and had been unable to resume his former occupation as a miner, and had accepted a position as a storeman with the defendant company at £5 per week, but was greatly handicapped by his injury in performing any manual work. All compensation to which plaintiff was entitled in respect of total incapacity had been paid, but plaintiff claimed for partial incapacity a weekly sum of £3/11/8 from August 26, 1938 (credit being given for all sums paid by way of compensation), together with costs of the action.

The defence denied that plaintiff was incapacitated from August 26, 1938 to May 6, 1940, and that plaintiff was handicapped by his injury in performing any normal labour or that he was still partially or in any way incapacitated, and claimed- that plaintiff was fit to perform and was capable of performing and following his usual employment. Mr. Taylor said it was a case where plaintiff had gone back to work in thg employ of the company, not as a miner, but as a storeman, at a rate of wages equal to or better than his preaccident wages, although he was stifc disabled. He asked that the case be adjourned sine die, and added thfct the company and plaintiff would enter into an agreement in regard to any future disability.

The case was adjourned sine die, by consent.

The Court will sit at Westport tomorrow. . I ;