COMPENSATION COURT

Greymouth Evening Star, 28 September 1943, Page 2

COMPENSATION COURT

i SITTING AT GREYMOUTH. I The Compensation Court, yesterday afternoon, commenced a sitting at Greymouth, Mr. Justice O’Regan being on the Bench. The Court heard an application for review and partheard another case, which was adjourned to Christchurch. i‘ In a motion by the Crown to rej view the payment of compensation to John Thomas Leslie McPhee, car- ? penter, Mr. F. A. Kitchingham represented the State Mines Department and Mr. W. D. Taylor respondent. McPhee was injured when he slipped ion steps while employed by the ; State Mines Department at Dunollie on October 27, 1940. The Crown 'asked that the weekly payments be I ended or such other order made as 'might be just, the grounds being ; that McPhee’s . right leg had .been 'amputated above the knee anti ms condition' stabilised and improved to such an extent that it was proper that compensation payments should be diminished or suspended or cornmuted for a lump sum. Stating that liability was admitted, .Mr. Kitcningham said it was a case for medical evidence. The contention was that a lump sum should be fixed, out jt was suggested that minute fragments of bone remained in the leg and it was a question of settling the matter at once or at a later date. Dr. W. A.' Bird gave evidence of examinations of McPhee’s leg, staling that the wound following the amputation had healed and the amputation.appeared to be clean. There was a tender spot at the back of die stump, which suggested that a small piece of bone was working, out, but it did not appear to interfere with McPhee wearing an artificial hum. He could do bench work as a carpenter and if the bone did not work out it was not likely to cause any period of total disablement. To Mr. Taylor: McPhee Had been off an unusually long time. It was I likely that several pieces 01. bone had come away; this was usual where there' had been sepsis. He did .not think, the fact that there had been sepsis would increase the risk involved in taking out the piece ol bone. There was no sign ol iiwammation or discharge al present. 1 hei e was no guarantee that this would be the last piece of bone to come away. To His Honor: The trouble had begun with a fracture of the knee cap,’ which had had to be removed, after which sepsis had c.eveloped. This apparently involved the lower end of the femur. He thought that was the reason for bone working out now. He did not think there was any feat; of a recurrence of sepsis McPhee pave evidence that till firn time of his accident he was a carpenter at Dunollie. On Octobei 27 .1940, he slipped on some steps and injured his knee cap. He had been in and out ot hospital till M months ago. There had been two amputations, the lasi on May 6, 1941. The stump gave a lot of trouble and 13 fragments of bone came away. He was certain he could not work during the pain of a piece coming put. 'To Mr. Kitchingham: Jhe lust, piece had come away in February. The pieces came away more readily before the wound healed. There had been a good deal oP discharge with

His Honor: About four pieces 'had come out since the leg had healed. He could riot put his weight on fKa ipcr when a piece of bone was on the point of coming out Dr. D. M. Logan said the amputation stump had now healed. An Xiray taken last month indicated lowgrade osteo-myeiitis of the stump and fragments oi bone. These would cause some pain wnen coining cm.. The X-ray showed that the osteomyelitis was still going on., there was a liability of further pieces 01 bone corning away while the osteoImyelitis was there. The. bone was 'poorly covered and it might be noi ccssriry to iiDotlior incli off. ’ To Mr. Kitchingharn: He- did not think the osteo-myeiitis would be intensified. He had not. seen any bone coming out. .. , . , ... His Honor said .that m view o. the uncertainty in the case nethought n should be adjourned at. least till the next sitting,of the Court. Tim question of costs could stand over. CLAIM EY MINER Claiming serious permanent disablement and total incapacity from following his usual employment. Archibald Scotland McLean, miner, claimed from the Crown compemabon for injuries stated to have been received from a mil of coal while m work in the Liverpool mine on Jan■tary 25 last. He was earning £ll a weak at the time of the accident, and i weekly compensation payments had I been made to the present time, lie that, weekly payments, of .»:•! iC/- continue until such incapacity; disability was ended, diminished or reduced, or such lump sum paid as :m-is’ht be just. The defence admitted the facts regarding the accident, but stated that his weekly earnings at the lime of-the accident did not "exceed £9/11/6. Weekly [compensation payments were admitted. It was denied that petitioner wps totally incapacitated from lol■owing Iris usual employment and seriously permanently disabled. Mr W. D. Taylor appeared for petitioner and Mr F. A. Kitchingharn tor the State Mines Department. McLean, in evidence, said he was aged 43 and had worked in mines in Britain and for 17 years in New Zealand. On January 25 last a piece of coal struck him on the left hand. He was in the hospital for nine clays, and had massage treatment, for three months. He had no job at present, It was proposed, now that he should have a further operation. Dr. J. F. C. Moore said McLean had a severe injury. Two fingers had stiffened and another was practically useless. The body of .the hand showed a lot of soft part injury. The hand gave much pain. An X-ray showed badly united fractures of the fourth and fifth metacarpal bones, it was proposed to amputate the ulnar part oi the hand, the third and fourth fingers, and part of the fourth and fifth metacarpal bones. If th:s ( . operation were performed he would' give the period of recovery as three months, as there might be some lowgrade sepsis after the operation. He doubted if petitioner would be able 1o do mining work competitively. He should be all right for most ordinary jobs. To Mr Kitchingharn: He thought from the X-ray that there was some csteo-myelitis present. Dr. D. M. Logan said he agreed With Dr. Moore about the nature of the proposed operation. In the last two months a lot of pain, had developed over the site of the fractures. There was 75 per cent, loss of the use of the middle finger, The whole of the fifth and about half of the fourth metacarpal should be amputated in addition to the two fingers. Petitioner would probably be disabled for about two months by the operation. There was a faint possibility of sepsis occurring after the operation. He did not think he would be able to do mining work competitively, but would be able to do most other jobs which did not involve heavy work. Mr Kitchingharn submitted that rhe time to deal with the matter was when the man’s injuries were stabilised. The proper course would be to i adjourn the case till after the operaI tion and the man had recovered.

Dr. W. A. Eird agreed that the ring and little finger should be amputated. Two months should suffice for recovery. The middle finger was industrially useless. After an operation petitioner’ would' not be very

liipited in working, but the probability yyas that he pould not keep up with his mates. ' ' . , , This concluded the evidence to be heard in Greymouth, and the case was adjourned to Christchurch. THIS MORNING’S CASE. When the .Court resumed ®this morning consideration was given, an application by the Crown to review the weekly payment of compensation to John Hillon, miner, of Runanga, who received injuries in the course of his work on September 25, 1941. Variation of the existing order was sought, on the contrary that such other order be made as in the circumstances might be just. The Crown claimed that the worker had completely recovered from the effects of the accident or, in the alternative, that his condition had improved to such an extent that it was proper that the payments be diminished, suspended, or commuted for a lump' sum. Mr. F. A. Kitchingham appeared for the Crown and Mr. W. D. Taylor for Hillon. Respondent, in evidence, said lie was aged 52, and a bins worker. He met with the accident at the Liverpool bins, when his right hand became caught in a tumbler. After being in hospital for five days he received massage and electrical treatment from Christmas, 1941. till May, 1943, but the condition of the hand had not improved. There was a dull ache in the hand, and there was a pain in the arm all the time. The liand would not grip, and he could raise his arm only with difficulty. For meals he had to have his meat cut up. Trejnbling commenced three months after the accident and continued.

Dr. W. A. Bird stated in evidence that he had examined Hillon on several occasions since July 21, 1942. The injury did not entail a fracture, but crushing. All movements of the hand at that date were limited. By Octobei’ 9 the hand had improved a little,, but there were atrophic changes in the fingers. Later examination showed improved movement of 'the fingers, but trembling was accentuated by any purposive action. The final examination was on September 2, when active movements were slightly fuller. Much if not all Ins condition was due to anxiety and neurosis—a mixture ot hysteria and neurasthenia. If the 'matter were settled respondent should be able to return to his work within six months.

To His Honor: Fie did not think there would be any permanent injury. If any, it would be slight. To Mr. Taylor: Any disability would be due to tendon or nerve involvement, of which witness was nor al present aware. To His Honor; Permanent disability should not. rate higher than 10 per cent. Dr. J. F. C. Moore, in evidence, said he had examined Hillon tAvice. Hillon hud generalised painful symptoms of the right, arm and painful symptoms of the hand. He suffered pain on attempting to flex his fingers, which could not be done passively. There was some degree of anxiety and neurosis which explained the coarse tremor present in the fingers. On the whole the hand had a “dead,” inactive look. Witness had not seen the hand during the past few months. The man looked as though he had a useless arm from the elbow down. To His Honor: He should think it would take two years for the neurosis io clear up, and the residual disability might be 60 per cent. To Mr. Kttchinghain: Ho understood there had been a similar caseat Nelson, but it was uncommon and he had to go on book knowledge, f-fo’hmg lie had fce.d laid down ihe period iu which riorrnM recovery orftii take place. In his opimo;) n.Ksst’ge for ‘a long period without seeing any improvement had been an exciting cause _oi neurosi".. Tire case was adjourned to take forlhev evidence in Christchurch. ..i’UDCMENT FOR DEFENDANT. When the case was called c-f Anders Rcckart Andersen, locomotive ch ver. Bruce Buy, v. Bruce Boy T.mbers. Tr'.d., claiming compensaL’..,- for injuries iSci-ived when, a bridge collapse:!,. Mr. Taylor raid lie h;tii received no ivirl'nei. iiistriielftns iwm plaimifi'. On the application of Mr. Kitchingham, His Honor entered judgment io: detendant and reserved leave for Mr. Kitchingham to apply for CG<;ir.