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Grey River Argus, 21 June 1944, Page 6

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Arm HEARING f the Compensation Justice Finlay, at only one case , RRed to be dealt with, the ceK;s set down to be heard havsettled out of Court. was reserved in the case the Court, in which the ■rown sought a direction by the in the matter of comV pensation payments in a lump sum f to William Wilde, a deputy employr ed in Dobson Mine, who was injured in an accident at that mine on June 11, 1943, when .a fall of coal fractured his right arm. At the time of the accident, Wilde was receiving £8 15s. sd. per week. For the first foui' weeks after the accident he had been paid full wages and since then had been paid compensation at the rate of £4 10s a week. Mr. F. A. Kitchingham appeared for the Crown and Mr. W. D. Taylor for Wilde. Mr. Taylor submitted that the decision as to the extent of disability should be settled once and. for all and that compensation be paid in a lump sum. Mr. Kitchingham agreed that a lump sum should be paid and said , that the question was the amount • be paid. In evidence, Wilde said he hat been an inpatient of the Grey Rivei Hospital for five weeks, and later an outpatient. He had worked in mines for 34 years before his accident and could do .any type of mining work. Now he could not dig, chop wood, or drive nails to any extent.

To Mr. Kitchingham: He had been told after by doctors that his condition was almost stationary and would not improve. He had not tried for another job, but was .anxious to work as he had three small children.

Dr. W. A. Bird demonstrated the extent to which the right arm was disabled. There was arthritis present. The right arm was capable of work apart from the pain, which was likely to diminish. In evidence, Dr. Bird said that there had been very little change in the condition of the arm between 1943 and the present time. Wilde should be able to do work which did not entail lifting, pushing or striking with his .arm. His Honour: ‘‘Rather a big limitation isn’t it?” Witness said Wilde could undertake the work of a storeman but could not work as a labourer. He did not think there would be any physical improvement to the arm. To Mr. Taylor he was permanently disabled as far as heavy manual work was concerned. Even if the pain disappeared he would have a permanent disability. John Graham Quinn, manager of Dobson Colliery, said Wilde had approached him since the accident with a view to obtaining light work. If he could not lift or push -anything there was probably nothing he could do in the mine. That concluded the case for the Crown and Mr. Taylor called Dr. D. M. Logan, Superintendent Grey River Hospital, who said that from time to time he had examined Wilde and agreed with the findings of Dr. Bird. The condition of his arm would not improve and might possibly worsen. He would not like to say whether the pain would increase or decrease. Mr. Taylor said he would call no further evidence but had certain submissions to make. He considered that Wilde was “an odd lot.’’ "I think to call him an ‘odd lot is pure exaggeration,” said His Honour. , ~ Mr. Taylor submitted that an odd lot” was defined not by his physical disability but by his incapacity to obtain work. ■ His Honour refused to consider naming the man an “odd lot” ana making himself the laughing stock of the labour world. • Mr. Taylor said that compensation had to be assessed on the loss of earning capacity. Mr. Kitchingham said he was nrenared to Leave in His Honour s hands the awarding of the amount of compensation.