ARBITRATION

Hokitika Guardian, 17 June 1938, Page 6

ARBITRATION

COURT HEARS CLAIM

(Per Press Association—Copyright),

DUNEDIN, June I'J

The Arbitration court i.ur justice O’megiui* A—! n. Cecil I'nme, aim au‘ a. L. AiOiiteitiij aas to-. .ay engage a in hearing a cuum lor eoinpensa-.0.i

i,y iauiie.ni nell, a l.oouror, uoni tno Duuedm city Loipoiatioii. Air r. jj. Adams appeared ar me plain tin, and tiie deicnuaiit eorjjo, ,<..vii w»a inpresented by Mr A. x-aggitt.

riamtm, m ms statement of claim, alleged that lie contracted pleurisy and pneumonia in tne course or ms employment by trio Ueleimanl corporation. As a result ol tms, be ..as totally incapacitated from June At to’TUctober it, and was still rincapacitated, and unable to Fain auytbmg. Plaintiff's weekly earnings at the time were £4 ids, and the ciolenctan; had paid to the plaintiff £47 bs lid by weekly payments of £3 Os Id for compensation up to October 14; but no payment had been made since. Plaintiff therefore claimed a weekly payment of £3 Os Id from June 25 (credit being (given f;o payments already made) to continue until the payment ended, diminished, or was redeemed by such lump sum in lieu thereof as the Court should think fit. Plaintiff also claimed £1 for- medical expenses. Counsel for the plaintiff, outlining the case, said payments had been made to plaintiff by way of sick pay ; but the defendant submitted that these were ex-gratia payments only.

His Honour; IVere these payments two thirds 0 f the plaintiff’s normal wages ?

Mr Adams said they were. Plaintiff had been working in water for three days, and contracted pnuemonia -of the left lung, and pleurisy. Ultimately the left lung healed; but later the right lung became aifeeted. Plaintiff had previously had pnuemonia of the right lung ; but it was submitted that this recrudescence in the right lung, no less than the affection of the left lung, arose out of and in the course of his employment, anu his exposure to wet and cold.

Dr. E. H. Williams gave evidence of having treated the plaintiff, whose progress was slow. Witness finally certified him cured on October 15. Witness said that the conineidenee between exposure to wet and cold and pneumonia was so common that he would connect the two. He would regard exposure to wet and cold as a cause of pneumonia. Witness described the plaintiff’s progress, and later the affection of the right King. ' Plaintiff said be bad a. serious illness 21 years ago, when lie contracted pleurisy. After six months he recovered and was able to resume iiis normal occupation .of labourer. At iij time since, until his recent illness, had .how-been,-.affected by bis old complaint, and lie enjoyed normal health. Witness got wet feet at his work on three days. There were no sound gum boots available..

Dr Lytli gave evidence of the plaintiff’s condition when first examined by him in 1935. Plaintiff showed signs of chest trouble then, and witness thought that pneumonia last year caused a weakening of vitaltv and. ultmate infection of the right lung. The man was now unfit for manual labour.

The case for the defence was opened with the evidence of John Walker the ganger in charge of the group m which plaintiff worked. AVitness gave details of the conditions under which the plaintiff worked. The Court then adjourned until tomorrow morning.