DISEASE FROM INJURY

Grey River Argus, 10 August 1935, Page 9

DISEASE FROM INJURY

DIFFICULTY IN ESTABLISHING CLAIM FOR COMPENSATION.

When the Workers’ Compensation Act was first introduced, we believed thait the men who sponsored it intended it to protect working men in every industry throughout New Zea.and. Luring the past twenty-live years, although there have been few amendments decisions of the Court of Arbitration and decisions given bv the High Court in England have altered its original meaning and intention, and. while we admit that in some instances

these dosicions have been an improve inen’t as far as the workers are concerned. in others they have made the position difficult’. (Says the ‘‘Transport Worker”). Medical opinion is the most important factor in workers’ compensation to-day. The Court of Arbitration does no»t find much difficulty in giving judgments in cases where it is proved that the incapacity of the worker is due directly to the accident, but in cases where this cannot be proved and where it is claimed -that a certain illness arose out of the injury received, the worker finds it very hard to establish his claim. This has been brought forcibly before us in the case of J. J. Sullivan v. the Wellington Harbour Board Mr. Sullivan is a young man. He was physically fit and had never suffered from an illness in bis life. He met with an accident during the course of his employment with the Wellington Harbour Board and was unable to follow his work tor some time. He was told by his medical adviser to resume work, and he tried to do so but could not carry on. In the meantime the insurance company stopped -the compensation payments and refused to recognise his claim. The case came before the Court of Arbitration, and the medical men seemed to know very little about the complaint from which this man is suffering. At least two doctors stated that in their opinion his present' condition was due directly to the accident, while other doctors held that it was not and 'that it' may have arisen from the accident and it may not. Therefore. when the Court called upon the unfortunate worker to prove his claim he could not definitely do so. The result is that judgment was given for the insurance company, and the worker although he is totally incapacitated, appeal’s to have no redress. Workers’ compensation after all is fast becoming a question of medical opinion and legal technicalities. The •fime has arrived when a change must take place. Workers’ compensation should he made a State service, and if that is done it will not matter much whether the incapacity of the worker is due directly or indirectly to the accident, that State service will main-

tain him and his dependents during the period of his incapacity, and will assist him to regain normal health and return to his employment.