DEATH FROM SUNSTROKE.

New Zealand Herald, Volume LI, Issue 15766, 14 November 1914, Page 5

DEATH FROM SUNSTROKE.

CLAIM FOR COMPENSATION.

ALLOWED BY ARBITRATION COURT

On January 16, 1914, John Nicolson, a. shipwright, while engaged doing work on board a Union Steam Ship Company's steamer, sustained a severe sunstroke aud subsequently died. His wife, Emma Nicolson, applied to the Arbitration Court for compensation, and yesterday the Court, in an interesting reserved judgment, decided in her favour. At the hearing on. November 4 Mr. A. E. Skclton appeared for the plaintiff, and Mr. R. McVeagh for the defendant company. The judgment pet out that it was clear from the authorities that sunstroke was an accident within the meaning of the Act. The point for the Court to decide was whether the plaintiff, on whom the onus lies, had fully established that death was caused by cerebral hemorrhage. There was a consensus of opinion among the doctors called on both sides that the deceased suffered from cerebral hemorrhage, and that such hemorrhage caused his death, but there was a direct conflict of opinion as to whether the hemorrhage resulted from natural causes or from sunstroke.

" Where doctors disagree on a question of this sort," said the judgment, "the Court has to decide, but necessarily must do so without any great degree of confidence in the accuracy of its conclusion. On-the whole, however, we think that, I taking into consideration all the sur- | rounding circumstances, a case of suni stroke has been made out." j The next question for the Court to j decide was whether the accident arose I " out of the employment" of the deceased. | The judgment proceeded that this nad occasioned the Court much difficulty, as the case was one upon the border line. The question might be put, " Was the deceased, in the course of his employment, working at a placo and under conditions which exposed, him to a special risk of sunstroke?" "With some hesitation." it was stated, " we think the question should be decided |in the affirmative. We think that having Ito work in the confined space on the deck of a vessel, unsheltered from the sun. and on an especially hot day, exposed the i deceased and his fellow-workers to a risk J of sunstroke not shared generally by other I persons working in the open air on that i day. It is true that sunstroke is exceedingly rare in New Zealand, and that the deceased was, probably, by his own self- : indulgence, rendered specially susceptible !to sunstroke under the conditions which ' existed at the time, but it is clear that j these considerations do not affect the right i to compensation under the Act." I It was left to the parties to decide upon ; the amount of compensation.