DOCTORS AT VARIANCE.

New Zealand Herald, Volume LXVI, Issue 20255, 15 May 1929, Page 15

DOCTORS AT VARIANCE.

COMPENSATION CLAIM FAILS. DEATH OF WHARF WORKER. [BY TELEGRAM. —I'RESS ASSOCIATION.] DUNEDIN, Tuesday. The Arbitration Court was occupied today in hearing a claim for compensation brought by Elizabeth Long, widow of Thomas Long, a waterside worker, against the Union Steam Ship Company. The statement of claim set out that on March 4 Long was employed unloading the Ivaretu, and while so engaged ho met with an accident whereby his heart was affected, and as a result of which he died. Plaintiff claimed £IOOO as compensation, £2l Is for medical and funeral expenses, also costs of the action. Th© defence admitted that the deceased was employed by the company, but it contended that death was due to heartdisease or heart failure, and was in no way connected with his employment. After a great deal of evidence had been heard on both sides His Honor said that each of these cases had to be considered on its own set of facts. 111 this case there was a marked cleavage concerning the facts, tor the plaintiff it was contended that deceased suffered an attack of angina pectoris through being engaged in very heavy work. After he had gone home thrombosis developed in one of his arteries and led to his death. If the theory put forward on behalf of the plaintiff was correct, the natural inference was that the strain of the morning's work produced the attack of angina pectoris. But the medical witnesses for the defence took an entirely different view, and were positive that the clotting of blood occurred some time before death, lliere was a clear-cut difference of opinion, and the onus must therefore rest 011 the plaintiff. The weight of evidence was that deceased died from something which was independent of his exertions altogether. Judgment must therefore be given for the defendant company. Counsel for defendant intimated that he would not ask for costs.