CLAIM UPHELD

Hokitika Guardian, 6 December 1934, Page 5

CLAIM UPHELD

MAN’S INJURIES

£234 COMPENSATION GRANTED.

There was a' sitting of the Arbitration Court at Hokitika, when, two cases were set down for hearing. His Honour, Mr Justice.'Frazer, presided, and with him on the .'bench were Messrs W. Cecil Prime (employers’ assessor) and A. L. Monteith (employees’ assessor). William Crase v His , Majesty the King. Mr J. A. Murdoch appeared for suppliant, Mr ‘ Kitchingham representing- the Crown. Orase, la lalbourerj?'of : Woodstock, claimed a payment of £2 a week from the date of incaapeity from an accident he sustained, further compensation by way of lump sum, and costs. Suppliant) who gave his age as 58, said he was engaged by the Public Works Department on work at ;,, the Waitangi river on October 56, } 1933. I During the morning he ’ w.a s tipping a truck of gravel oyer a break in the stop, bank, when he received a bodily strain, his-legs giving way from underhim, and sustained an- increased blood pressure dud to the strain. Immediately folloWing this he received a stroke on the left side, of his body and in both legs, and also in frequent giddy turns which, he still ex- ;: • perienced, rendering liin\ totally unfit' to resume .heaWy work;£ A man nam-. ed workingJwith him took him to lii s • teiiv* - - dent, and then motor,ifhiiK?^; Gunn, -who in turn 'Sent ‘hini;(toe -htfef home at Woodstock, where lie received medical -attention. Wjhen the doctor visit,ed him he was still unable to move his legs. Suppliant said the increase in blood pressure would not have been caused if he had not been doing such ‘heavy lifting. Since then he remained totally disabled from I ;Working. He hdd been unable to agree with the P.W.D. as to the amount of compensation. Crase said, prior to the accident he

was .fit for, any. class of work. At present his right leg Was weak, and aching all the time from the knee to the ankle. .The left leg had improved a little.. *He wa s unable to work more than. ten. minutes at a- time without suffering ,a. giddy , turn His wages had been 10s day for a 47 hour week, Or £2-18s 9d a week. ’ . y * Jack Phillips;, a locomotive, driver, Who was Working with. Crase, detailed' taking tbo . latter ,to his tent, ana later to Nurse Gunn’'a and : confirmed suppliant’s evidence regarding'the accident. ' Crase was a different man to .what he .was prior to the accident. Dr B. L, . Wilson, who attended Crase,-said he -found-him.-Ao; be suffering from Weakness of both legs, a definite weakness of the left .arm, and A thickness in his speech.! Three days ago witness said Crase was still omplairiing of weakness and acting in his legk, especially aas the result of any exertion. The arm had recovered; and'his general health seem- ;, ed fairly good. The blood pressure at present wa s a little above' normal. , Crase undoubtedly had suffered some damage, and witness considered he should recover as much as he was going to in three months, from the effects of the accident. Heavy work \ would be liable to bring on another stroke. Witness considered • that at the end ,of three months Crase’s earning capacity would have been reduced by about one half compared with' his condition before the accident. Had suppliant not suffered the stroke when he did, he would have had it later on had he been engaged on any moderately heavy work. A brief adjournment was taken to enable Crase to receive a joint examination by Dr Wilso n and Dr Moore of Greymouth. !

Upon resumption, Dr Moore said he had i examined Crase on three occasions, and said he noticed no substantial difference i n his condition, except that his pulse was a lttle thigh-j er. Be vr&y of the opinion that there was not much difference in the condition of Ciase’s legs, and that the trouble in tjhe right leg was confined to the knee. He also considered, that, had he hot had the accident, the would have occurred within six months. He thought . .the man should be ( fully compensated for * six months or . more at the rate of 50 per eent or more on account of physical deterioration.

His Honour said the .mail had met Avith the accident : during his Avork, resulting in a stroke. There was every reason to believe petitioner Avould be recovered as far as possible in three months. Cr.so was totally incapacitat'd . for from six to thirteen months.

Six months was generally (sufficient for general recoA’ery, but after that other effects resulting from his condition had ensued. The Court realised same pe> maneiit disability, and that h a d .been /ttssortsed at 26 percent. He Avould receive full compensation to date, 62i per cent for the next throe months, and 25 per cent, for 242 Aveeks. Total compensation to date amounted to £l3l 11s Bd, for the next three months and for the. remainder of the period of liability £lll 2s ‘9d, 'together Avith the difference betAvcen the '.rates for the next three months,, £9 8s 6d, a total of £234 2s lid, together with costs, medical expenses, and Avithssg fees.