ARBITRATION COURT

Nelson Evening Mail, Volume LXI, 2 December 1927, Page 4

ARBITRATION COURT

COMPENSATION CLAIM

NELSON CITY COUNCIL THE

DEFENDANTS

A claim under the Workers’ ; Compensation Act was before the Arbitration Court to-day the plaintiff. being Ross Balfour Alborough, labourer, and the defendants the Nelson City Council. The Court consisted of .hisiHonoui;, ; Mr Justice Fraser, and Messrs W. ,Scott and J. Montieth. ; . : '[ Mr P. J. O’Regan .(Wellington) appeared for .the applicant and Mr Chas. H. Treadwell (Wellington) represented the City Council. The statement of claim set out that plaintiff, while employed by the defendant, suffered ,an injury on 15th July, 1925, in consequence of which ho was totally disabled until 24th August, 1925. The defendant paid £l7 10s 5(1 compensation in respect of the period ho was disabled. Plaintiff returned to work and continued until 19th July, 1926, when he was compelled to desist and remained totally disabled until 7th. February, 1927. It was alleged that the second period of disablement was caused by ex-opthalmic goitre, resulting from the accident of 15th July. When he signed the receipt for compensation during the first, period of disablement plaintiff had no suspicion, that further' disablement was likely to be the result of the accident. .Plaintiff claimed £94 16s sd, being £3 6s Id for a period of 29 weeks, £1 medical expenses j and costs, and such further relief or other relief as might in tho circumstances be justiy fled. ;T The statement of defence denied that the second period of disablement referred to arose out of or happened in the course of plaintiff’s employment. After briefly opening, during the course of which he said the case presented rather unusual features, Mr O’Regan called W. D. S. Johnston, medical prac-' titioner, who stated that up to the time of the accident plaintiff was a strong healthy man. Subsequently plaintiff was operated upon, since which he had made a complete recovery. Further evidence was given by D. C. Low, medical practitioner. At this stage it- was intimated that additional evidence would be taken in Wellington, and the case was accordingly adjourned. : - :