DEATH OF COALMINER.

New Zealand Herald, Volume LXVII, Issue 20629, 30 July 1930, Page 14

DEATH OF COALMINER.

COMPENSATION SOUGHT.

WIDOWS CLAIM OF £IOOO. UNUSUAL FACTORS INVOLVED. Tlio evidence of 12 doctors is being heard in a compensation claim which com rnonced before Mr. Justico Frazer in the Arbitration Court yesterday. The claim is by Sarah Ann Mason for £IOOO from Glen Aflon Collieries, Ltd., arising from tho death of her husband, William Mason, miner, in tho Waikato Hospital on December 15, 1929.

It is claimed that, while in the employ Of the company in its colliery at Glen Afton, Mason sustained an internal injury causing intussusception ,und that whether a pfc-existing aneurised condition was aggravated by tho strain of lifting a bar when at work on December 11, or whether his condition was duo to that entirely, his death was due to injury by accident. The claim is for £IOOO in com pensation and £25 for funeral and medical expenses. It was stated that Mason's weokly earnings had been not less than £5 and ho had left two children, one aged seven years and the other a year. Mr. P. J. O'Rcgan, of Wellington, is appearing for tho plaintiff and Mr. 11. P. Richmond, of Auckland, for the defendant company. The defenco is that death was due to enteric intussusception alone, a condition which was not in any way the result of injury by accident within the meaning of the Workers' Compensation Act, 1922. "First Case ol Its Kind." "This case, I think, 13 the first of its kind, at least in tho history of the Workers' Compansation Court in New Zealand," said Mr. O'Regan. Mason and his mato, Mctcall'e, were on night shift, which began at 4 p.m. and ended at midnight. Part of their work was to put in sets of timber, a set consisting of two upright props, across which was placed a bar. The props were 6ft. Oin. high and the bar, of fresh blupguni limber, was lift. 4in. long and 26in. in circumference About niiio o'clock the men had put in tho two props of the second set and they raised tho bar. Metcalfe raised his end on, but Mason could not placo his in position, as there bad not been enough coal chipped off the roof. The bar had to bo brought down again, Metcalfo placing his end on n truck, continued counsel. Mason brought his end to tho ground and complained to his mato that ho had hurt himself. Mason sat down, whilo his mato chipped off the coal and put up tho bar. As ono man could riot do the work alone, they decided to knock off. When Mason got homo his wifo rose and helped him to undress, after which she heard him groaning, and lio complained of acute pain. Removal to Hospital.

At 6 a.m. Dr. Cress was sent for, hut it was found that ho was attending another case. When the doctor arrived at about 9 a.m. lie ordered Mason to the Waikato Hospital, where he was operated on and died. It was found that death was due to intussusception or telescoping of the intestine.

The plaintiff stated that her husband had never lost any timo at work through disability and ho had never previously complained of internal pains. Dr. P. 11. Cross, who stated that he was employed by the miners at Pukemiro, said that when he Raw Mason on the morning of December 12 ho was doubled up with pain, lie was groaning and was in a cold sweat and his pulse I was hardly perceptible. "Ho was obviously in a bad condition, so I took him to the hospital ia my own car," witness said. ; "In view of what I learned after the operation I am convinced that the cause of intussusception was something that happened when ho was lowering the bar. The only time Mason came to my surgerywas to have a tooth out. I heard after the operation that he had a tubercular condition of tho bowels." Further Medical Evidence. Dr. Stanley Dull said that, in intussusception there was nearly always some predisposing cause. If this were serious tho exciting cause need not bo great. Internal strain might be caused by digestive trouble in some form.^ Further medical evidence was given by Dr. E. H. B. Milsom, Dr. W. C. McCavv, Dr. J. Fitzsimmons, of Auckland, and Dr. P. P. 'Lynch, of Wellington, on tho causes and the nature of intussusception. Mr. Richmond submitted that (hero was no case to answer. The medical evidence, he said, had been ptuely .speculative, and no authority had been adduced. The evidence had not presented any body of medical belief from which tho Court could draw the inference that death was due to accident. Mr. o'Regan quoted tho case of Wood v Thomas Wilson, Sons and Company, Limited, which ho said was very similar. Tho case was that of a man who died from a duo-denal ulcer, caused through being struck by a basket of coal in tho pit of tho stomach during cargo operations on n collier. The County Court Judge awarded compensation, and tho caso went to tho Court of Appeal, where tho decision was reversed. It was then considered by tho llouso of Lords, which upheld tho decision of the County Court Judgo Court to Hear Defence. The Court adjourned for tho consideration of tho plea for a non-suit. Upon rosurning His Honor said thero was somo medical ovidenco upon which tho Court could find in favour of plaintiff, although a great deal of it had been speculative. A good deal of reference had been made to the tubercular condition bringing on intussusception, but tho number of cases of this was small. In saying that thero was sonic evidence on which (he Court might find for plaintiff, Ilis nonor said he used tho words in a strictly legal sense, and he wanted it to be clear that tho Court had not made up its mind. It was not prepared to act on that ovi- | dcnco nt tho moment, and it must know J tho othei side before deciding I

" The facts arc more or less obscure and tlioy rolato to what it must bo admitted is a somewhat obscure branch of medical practice," His Honor said. The hearing will be continued this morning.