COMPENSATION AWARDED

Manawatu Times, Volume LII, Issue 3576, 6 April 1927, Page 5

COMPENSATION AWARDED

Arbitration Court Hears Claim BY FARM EMPLOYEE The Arbitration Court, sitting in Palmerston North yesterday, was engaged hearing a compensation claim by Frederick Alfred Williams, sharemilker, of Foxton. The defendant was Mrs Elizabeth Neylon j widow farming at Foxton who was rex>rosented by Mr M. B. Bergln. Mr H. F. O’Leary appeared for defendant. On the Bench were his Honour, Mr Justice Frazer, Mr William Scott, employers representative, and Mr A. L. Monticth workers’ representative. Statement of Claim. The statement of claim set out that while plaintiff was employed by defendant as a sharemilker he mot with an accident on February 16 in consequence of which he had been and still was totally disabled from working. On the day in question plaintiff allegec he injured his heart through lifting, a heavy pipe while endeavouring to repair an artesian well on defendant’s farm. Defendant had refused to pay compensation wherefore he claimed a weekly payment of £3 15s from February 16, such further payment as might be deemed reasonable and £1 towards medical expenses. The defence was a general denial of the allegations. It was admitted that defendant had refused to pay compensation and it was claimed that, if plaintiff had suffered Injury by the accident as alleged, then notice of the accident had not been given as soon as practicable after the happening. . The evidence of plaintiff, it was announced, had been already taken ai Foxton as he was too ill to attend i Court. Louisa Williams, wife of plaintiff, gave evidence as to her husband’s condition after the accident. He was very languid and could not go about his work In the usual way, nor could he undertake the same work as ne used to do prior to the happening. Geoffrey Williams, son of plaintiff, stated that the weight of the pipe which his father endeavoured to lift out of the well was 1151bs. Dr. E. M. Wyllie of Foxton, detailed plaintiff’s physical condition whicn was extremely bad when he first saw him. There was great incompetence of the aortic valves of the heart, a frightfully irregular pulse, a dilated heart and the muscles sounds were quite obscured by murmurs in every area. Plaintiff’s blood pressure was also well below normal. Later the condition of the patient improved with a slight restoration of heart competency. He was allowed to get up from bed and work round a little. In November however, plaintiff started to go down hill again. It was extremely unlikely that Williams would show the extreme symptoms of heart disease suddenly except by a strain. Dr Giesen, of Wellington, stated for the defencp that he had examined plaintiff and he had no doubt that William® had been suffering from heart disease for a long time and it was only a question of the right circumstances occurring for plaintiff to suddenly realise that he had heart trouble. Many people with valvular disease went about their work in, the ordinary way and were wholly unaware of the existence of the trouble until they did something unusual ana then the disease made itself known by a breakdown. It was quite possible that plaintiff would have felt his uncomfortable symptoms while doing another job. This concluded the evidence ana Counsel addressed the Court. The judgment of the Court was that plaintiff was entitled to compensation. In £Sl'l these cases of heart strain, stated Mr, Justice Frazer, the Court must be guided by the facts. Previous decisions of the Courtis were not of very great assistance as those judgments depended solely upon the circumstances of the particular cases. The general rule was that plaintiff must prove that there was an accident, that is, that something occurred that produced some physiological result. In other words, the physiological happening must be proved to be something in the nature of ah accident. In heart cases it very often happened that a man might suffer for many years ana the heart break down without strain or accident. It very often happened that this occurred whilst a person was resting in bed. Coming to the facts of the present case, there were no premonitory symptoms. Williams was engaged in heavy work right up to the time of his collapse. The Court was forced to say that there was definite strain and that that strain was the cause of the sudden failure of plaintiff’s heart. On the facts there seemed to be no doubt that plaintiff met with an accident In the sense of the words used in tlio Act. Ho strained his heart while at his work. His Honour held that Williams was entitled to compensation. Judgment was for £3 per week with costs.