COMPENSATION COURT

Greymouth Evening Star, 29 September 1943, Page 2

COMPENSATION COURT

WATEfiSIDER'S' CLAIM.

The sittings of the Compensation Court in Greymouth were continued yesterday afternoon, Mr. Justice O’Regan presiding. Only one case was heard. George Hill, waterside worker, of Greymouth, claimed £4 10/- a week compensation from May 12' from the Union Steam Ship Co. of N.Z., Ltd., for injuries allegedly received to his ankle and leg when a bag of bottles fell on his left ankle on October 27, 1942, when he was allegedly employed in unloading the Karu at the Greymouth wharf while in the company’s employ. At the time of the accident, which he claimed rose out of his employment with, the company, his weekly earnings were stated to be £lO. He had allegedly been' wholly incapacitated for 14 weeks, during which time he received compensation. The defence generally denied plaintiff’s allegations and claimed that his weekly earnings as at October 27, 1942, did not exceed £5. Since that date defendant had paid £Bl compensation. Defendant claimed that plaintiff was not now, and had not been, since October 27, 1942, in any way incapacitated for work by reason of the accident. Mr. W. D. Taylor appeared for plaintiff and Mr. J. W. Hannan for defendant. Plaintiff, in evidence, said he was aged 55 and had been employed on the water front about 15 years before the accident, which occurred when he was in the No. 2 hold on the Karu. between 9 and 9.30 p.m. He carried on till the shift finished at 11 p.m. and went home on a bicycle; meanwhile the ankle had swollen considerably, and the next morning, when he could not put his foot to the ground, he consulted Dr. Moore. He was off work till January 19, and again between February 19 and April 12, and since May I*2 till the present. The ankle continued to pain him and subsequently gave way while he was loading timber on the Karu. It was on Dr. Moore’s advice that ho had not worked since May 12. The ankle was becoming worse. Dr. Will, on behalf of the company, saw him in Christchurch on March 26, after he had started massage. To Mr. Hannan: He received daily diathermy treatment from March 1 till about April 12. He had gone to the Kopara because Dr. Moore had told him to try his ankle out. He had not done deer-stalking, but had walked from Waikiti to the Two Mile Hut. Shortly after, Dr. Will had told him his ankle would have io be operated on and that he would be fit for light work. In June he rode a horse up the Taipo Rivpr bed, travelling seven, miles from the road to his destination. He did not walk. Next day he went a further two miles, but did no shooting, though he had a gun with him. Gordon Howard Oldham, masseur, Greymouth, gave evidence of treating Hill from February 27 last till April 3; between March 24 and 27 there was a break when Hill wont to Christchurch. A lump was evident on the side of the foot when treatment began and became progressively more noticeable. Dr. J. F. C. Moore, in evidence, said Hill first saw him on October 27 or 28, suffering acute strain; he put him first on elastic bandages and as that apparently was not successful he started him on massage treatment, during the course of which he noticeci a swelling develop, due to faulty walking to avoid pain. Arthritic changes noted in an X-ray photograph taken in May were still present This condition was attributable to the accident. The lump was not malignant and would probably settle clown in time. At present he was suffering 25 per cent, loss of tne use of the leg, but this would not be permanent; the pain and disability might disappear within a year. He would not sav Hill could climb m and out of holds or on trucks. , To Mr. Hannan: He dici not agree with Dr. Will’s diagnosis. There were arthritic changes m both ankles and men working on the wharf would show such symptoms. Ihe injured ankle at present, had a full range ot movement. . ' Mr. Hannan indicated that his evidence would be called m Christchurch, and the case was then adjourned.

THIS MORNING’S CASES When the Court resumed this morning, His Honor part-heard a petition by Stuart and Party, Runanga, for an order that weekly payments of compensation be teirninated in respect to William Boyle, miner, ot Kaiata, who was stated to have suffered permanent loss of the sight of his right eye as the result of an accident on February 16. Petitioners asked that compensation be assessed in a lump sum. Mr. W. D. Taylor appeared for Boyle and Mr. J. W. Hannan for Stuart and Party. Mr. Hannan said it was admitted by both parties that the right eye was industrially useless, but in addition to schedule compensation Boyle was claiming an additional lump sum. Boyle, in evidence, said he was aged 45. He had been receiving £4 10/- a week compensation till August 31. He normally worked a five-day week at the rate of £l/10/5 a day, while he also worked more Saturdays than he was off. He had been examined by a plastic surgeon in Christchurch, who desired to treat him. At present he had no prospects of a job and had no money to pay for the proposed operations. Since the accident he had suffered from headaches, especially when his head was bent. Such headaches would last two or three days. To Mr. Hannan: The plastic operations would not improve the sight ot the eye but remove the scar from the face. He had not endeavoured to secure a job. - ~ j J To His Honor: He would not attempt to Work underground again, though he might obtain work on the surface, which would return less remuneration. He suffered inconvenience from damage to the tear duct. Dr. W. A. Bird tendered evidence that the eye was industrially useless. In addition Boyle had a compound fracture of the maxilla bone, and suppurations which ensued from that injury had spread into the orbit and destroyed the sight. He suffered chronic conjunctivitis of the eye due to the disorganisation of the tear ducts. Mental strain had been induced by the deformity, which also upset other people and so would be a bar to reemployment in many types of work. In witness’s opinion Boyle should not again work underground. To Mr. Hannan: There was no guarantee that the plastic operations would succeed. Boyle had lost all sense ot awareness on the side of the injury, had lost power of vision in assessing distance, and his ability to sense the approach of danger had been lessened, these being factors militating against his employment underground. Mr. Hannan intimated that .he would call his evidence in Christchurch and the case was adjourned.

COMPANY’S APPLICATION The Westport Coal Co. (Mr. F. A. Kitchingham) applied for an order terminating the weekly payments of £4/17/- made since March 6, 1942, to Henry Webster, miner, Denniston, for injuries received on that date on the grounds that he had recovered from the injuries sustained by him and that any incapacity he now suffered was not due in whole oi' in part to the said injuries: also that it was just and equitable that they should be so terminated. Mr. W. D. Taylor appeared for Webster.

Dr. J. F. C. Moore, in evidence, stated that he had examined Webster a fortnight ago. He complained of a fracture about the middle of the tibia of the right leg and of pain when he walked. Examination showed a soundiv-healed leg. but that union had occurred with inward and backward bowing; the foot was pigeontoed and the line of stress of the lower leg was altered, the weight being unevenly borne. Unless he could devise a means of readjustment through his hip he would have continuous pain. He estimated the infirmity at 23 per cent, of the loss of the leg below the knee. Ability to start a sudden movement would be impaired. The longer the man walked the more pronounced his limp became. It was doubtful if he would be able to resume work as a coal miner.

To Mr. Kitchingham: Pain was suffered by Webster only when he walked. The longer he stood the more pain he experienced and in his work as a miner' his legs would be bearing stresses. Apart from mining there should be a range of occupations open to him, including those where he could sit down for a while. The case was adjourned to Westport. The Public Works Department.(Mr F. A. Kitchingham) petitioned 1 the Court to grant the termination of weekly payments of compensation to Frederick William Brown, labourer,

of Hokitika (Mr W. D. Taylor), who has been in receipt of compensation following an. Injury on August 10, 1942, and the recurrence of disability or a further accident on November 16. 1942. Alternatively, the Crown sought such further order as might be just. It claimed that Brown 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 should be diminished, or suspended, or commuted for a lump. sum.

The case was adjourned to Christchurch, and the Court completed its sitting at Greymouth.