ARBITRATION COURT

Grey River Argus, 30 April 1938, Page 3

ARBITRATION COURT

GREYMOUTH SITTING Compensation Claims FOUR CASES DISPOSED OF. Four compensation claims were disposed of in the Arbitration Court at Greymouth yesterday, and the despatch of business was so rapid that the Court was able to adjourn until Monday next, when the Westland Dredge Workers’ dispute and further compensation cases will be considered. In addition, one case set down for hearing on Tuesday was called, a settlement being announced. His Honour Mr Justice P. J. O’Regan presided, and associated with him on the Bench were Messrs A. L. Monteith (employees’ representative), and W. Cecil Prime (employers’ representative).

Miner’s Claim

DOBSON ACCIDENT SEQUEL. A claim for compensation arising out of an accident at the Dobson mine on December _2l, 1936, was made by James Patrick Ruane, of Dobson, miner, against the Grey Valley Collieries Ltd., of Christchurch, coal mine proprietors. Mr W. Douglas Taylor appeared for plaintiff whilst the defendant company was represented by Mr J. W. Hannan and Mr W. J- Kemp of Wellington. The statement of claim set out; (1) that on December 21, 1936. and for some time prior thereto, plaintiff was employed by the defendant at its coal mine at Dobson as shiftman; (2) that on December 21, 1936, whilst so employed, plaintiff met with personal injury by accident, as a result whereof he suffered a fracture of the right leg; (4) the said accident arose out of, and in the course of plaintiff’s employment; (5) by reason of the accident, plaintiff has been totally disabled down to the present time and will for some time to come be totally disabled from following his usual employment; (6) the weekly earnings of plaintiff at the time of the accident were £4 12s 6d; (7) defendant had paid to plaintiff the sum of £ll6 17s, by way of compensation; (8) defendant had not paid £1 towards plaintiff’s medical expenses; (9) wherefore the plaintiff claimed, (a) a weekly sum of £3 Is Bd, to commence from December’ 21, 1936, (credit being given* for £ll6 17s) and to continue until the same is ended, diminished or redeemed, or such lump sum, in lieu thereof as the Court should think fit, (b) the sum of £1 medical expenses, (c) costs of the action, (d) such further or other relief as may be just. The stateYnent of defence admitted the allegations contained in paragraphs 1,2, 3, and 4 of the statement, but denied the allegations in paragraph 5. It was claimed that by reason of the accident, plaintiff was totally disabled from following his usual occupation until September 20, 1937, but was able to return to work at that date. It was denied, however, that any incapacity occurred through or as the result of plaintiff’s employment after' September 20, 1937, by the defendent company. The allegations contained in paragraphs 6,7, and 8 of the statement of claim were admitted.

Outlining the case, Mr Taylor said that the accident occurred on December 21, 1936 before the 1936 Workers’ Compensation Amendment Act came into force. Plaintiff received a fractured femur and was to-day suffering from a shortage of 11 inches in the leg. He had been employed as a miner for nearly 40 years, and had, on account of his knowledge, been reserved for the most difficult work in the mine. The only avenues of work now open to him were those of the caretaker type. Ruane’s nervousness had been increased by the accident. The defendant company’s allegation was that about September 20, 1937, plaintiff left for Gore for a holiday and had done so without the permission of his medical adviser. Dr. Barret would say that Ruane was not receiving treatment at that time. It was also alleged that Ruane had abus- ( ed himself by excessive drinking.

Mr Hannan said that the defence was not making any suggestion regarding plaintiff’s conduct. The whole question was one regarding his present condition. '

James Patrick Ruane, the plaintiff, said that he was hit on the leg by a fall of stone and timber, when he was) working as a shiftman at the side of a dip. There had been falls of stone, and he was clearing stone away. Stone work required special experience. He received injuries to the right leg above the knee and was in hospital from December 22 to March 22, 1937. After that he reported to Dr. Barrett every month until the last month—July, when he had to report after two months. He left for Gore in August and reported to Dr. Barrett on September 6, or within the two months. In hospital the nurses had to steady his hand while he was having a drink. His nervous condition was now much worse. His leg was a little shorter than normal after the accident he had several years ago. He tried to cut blackberries recently, but could work only for five minutes. He could not walk over rough ground, and the pain of the leg gave him much trouble at night and he could not wield a pick and shovel in competition with an able-bodied man. He couid not do his own work underground in the mine. He carried timber and did general roof repair work in the mine. The grade in some parts of the mine would be one in three. To Mr Hannan: His first accident was about eleven years ago, and if there was any shortage of the leg then, it was very slight. He could move it with pain. Prior to the accident he had had slight nervous trouble.

To His Honour: He was 58 years old and had been working underground for nearly 40 years. Dr H. C. Barrett, Superintendent of the Grey Hospital, gave details of the admission of plaintiff and the examination, that he was suffering from shock and bruising, and complained of pain in the right thigh and right lower chest. There was a fracture about the middle of the right thigh. His general condition was not good for a few days after admission and about a fortnight later he had bladder trouble. He later improved but appeared to be very shaky and was discharged on March 22, walking with

crutches and partly with sticks. Subsequently he reported at six-weekly intervals the last time being about the fourth of October, 1937, until he examined him again the previous night. Ruane said in October that he was getting a pain in the thigh after working and had difficulty in negotiating rough ground. His examination revealed that generally, in phisique, plaintiff had considerably aged, he was nervous, and his leg was one inch short in the right thigh, and the whole leg was 14 inches short. The movements of the knee joint were difficult and witness formed the opinion that Ruane was fit for some light work. Witness saw Ruane again the previous day when he said he was shaky, was not sleeping well because of agony in the knee through pain from the right thigh, and if he lifted heavy weights he had pain about the thigh. His general condition had improved, and shaking, although still evident, was not so bad. The organs appeared to be quite healthy. The knee movements were better than they were six months ago. The knee pain was due to stiffness in the tissues and to the muscles in the rear of the fracture adhering to the newly formed bone. He did not think Ruane could ever resume work as a coal miner. He could do work on the roads where there was no walking about on rough roads or climbing hills, but would be handicapped. A large part of Ruane’s nervousness was due to the injury and its complications, but it would Improve.

To Mr Hannan: His knee joint prevented him from doing many things and would not be completely right.

To Mr Monteith: The nervouscondition might continue for a number of years. To His Honour: Ruane’s was a serious case of neurasthenia. He did not think that the settling of the case would have much effect. Dr. J. F. C. Moore said that he examined plaintiff on February last Ruane was in a poor physical condition on the whole, and he showed evidence of recurrent bronchial trouble which militated against recovery. His blood pressure was normal. Ruane was at present of a definite neurasthenic type. Th?, shortness of the thigh placed extra strain on the knee, and prevented the condition of arthritis from settling. The boot with a higher sole, which plaintiff had to wear, was heavy and served to increase his disability. When the arthritis settled; a permanent disability of 50 per cent, of loss of earning power would be present. He examined plaintiff the previous night. There was grating of the right knee

To His Honour: The outlook was the same as it was in February. To Mr Taylor: He had treated Ruane at the time of his previous accident, and he was nervous then, but less so than at present He would be unable to work on any rough surface. He could not work as a competitive labourer. Mr Hannan, in opening the defence, said that the case was a question of incapacity and the physical aspects of the medical evidence would be agreed with by Dr Will.

Dr. J. L. Will of Christchurch, said that, he examined Ruane in September last and again that day. In September, he agreed with the clinical findings of Dr Barrett. At the second examination he found no wasting of the knee, no thickening of the knee, and there was less creaking in the right joint, although it was still present in the left knee joint to the same extent as in September. The creaking was probably in the nature of an occupational condition through Ruane’s work as a miner, but was present more in the right knee. The leg disability consisted of 14 inch shortness, limitation of full flexion, and some creaking and he believed that if Ruane worked the symptoms would disappear, and the creaking would lessen and if lie worked where he could exercise the knee, he would recover the injury. He might come to the stage of returning to the mine He had a shortening which required compensation or the leg could not stand up to sustained effort. He would estimate the physical disability at 10 per cent., but it might not affect his earning capacity. Emotional circumstances .accelerated Ruane’s nervous tremor. Except for his 10 per cent, disability, he would be considered as recovered from his physical disability. The rest of his trouble was constitutional.

To Mr Taylor: He did not think anyone else examined Ruane on behalf of the company. The first examination lasted more that 3 minutes. There were 15 of 20 patients there and he took about three hours. Ruane’s examination did not require long. He thought Ruane was suffering from the effects of a drinking bout. He smelt of liquor.

His Honour: One can have one or two “spots” and smell of liquor. Mr Taylor pointed out to the Bench that compensation had ceased because Dr. Will thought the man would be better working than drinking.

His Honour said that the defence had abandoned the question of plaintiff’s conduct.

Witness continuing under crass-ex-amination said that when he saw Ruane in September, he had said that he should resume work. Had he done so he would have been completely recovered by now. With the use of the leg at work he would accustom himself to work. The nervous condition l\ad been exaggerated by the accident. To Mr, Monteith: He would not agree that Ruane had thickening of the bone or arthritis.

To Mr Prime: The knee joint seemed to be all right. To His Honour: He did not think that the fieurasthenia was any more marked than in any injury. He did not associate the prostate condition with plaintiff’s injury. Mr Taylor said hat he would like the evidence of Dr. W. M. Cotter taken at Christchurch. He had obtained a report from him, but this the defence would not admit. Mr Hannan said that the plaintiff had plenty of time to bring Dr. Cotter over. The defence have brought Dr. Will from Christchurch. His Honour said that the defence .would have the right to recall Dr. l Will. . The case was adjourned to Christchurch to enable the evidence of Dr. Cotter to be taken there. CASES DISPOSED OF. The case of William Oliver, for whom Mr C. J. O’Regan (Wellington) appeared, versus the Blackball Coal Mine Proprietary Co., Ltd. (Mr ■ W. J. Kemp, Wellington), a claim ■ for compensation in respect of in- ; juries, was called. i Mr O’Regan said that in view of

the fact that the plaintiff’s injuries were of an indefinite nature, and in the circumstances he would ask for an adjournment, in terms of the memorandum agreed upon and submitted to the Court.

The ease was adjourned until the next Greymouth sittings of the Court William Russell, of Hukarer.e, labourer, proceeded against His Majesty the King on a petition of right, claiming compensation for injuries received on December 15, 1936, when he was thrown from a horse while crossing the Rough River, whilst suppliant was in the employ of the Public Works Department. Compensation al the rate of £3 6s 8d per week from that date, exclusive of amounts already paid, and such further relief as the Court, considered reasonable, was claimed.

Mr W. Douglas Taylor appeared for suppliant, and the Crown was represented by Mr F. A. Kitchingham, Crown Solicitor.

Mr Taylor said that a settlement had been arrived at, and he asked for judgment for £350, including costs.

Judgment was entered accordingly by the Court. Michael Wafer, of Runanga, bushman, proceeded against His Majesty the King on a petition of right, claiming compensation in respect of an accident at the State Mines on August 19, 1936, in which he received injuries to his shoulders. Compen. sation at the rate of £2 15s 4d weekly from December 4, 1937, to date, and such further sum as the Court might direct in respect of permanent incapacity, was sued for. Mr C. J. O’Regan, of Wellington, appeared for suppliant, and the Crown was represented by Mr F. A. Kitchingham. Mr O’Regan said that an agreement had been reached, and he would ask for judgment by consent for £147 12s 5d with costs £5 ss.

Judgment was accordingly given