COMPENSATION CASES.

New Zealand Herald, Volume LXVIII, Issue 20960, 25 August 1931, Page 12

COMPENSATION CASES.

ACCIDENTS TO EYES. CLAIMS BY TWO MEN. AGREEMENTS ON AMOUNTS. [FROM OUR OWN CORRESPONDENT.] HAMILTON, Monday. A claim for tho recovery of £SOO compensation for the loss of his right eye was made by James Inch Monfries, road overseer, Cambridge (Mr. J. F. Strang), against tho Waikato County Council (Mr. 11. P. Richmond), in the Arbitration Court at Hamilton to-day.

The plaintiff staled that on June 26, 1930, while employed as a road overseer by the council he fell against the projecting adjustment rod of a motor grader while he was cranking tho vehicle. As a result of the fall he injured his right eye. A further injury to the right eye was sustained on December • 9, 1930, which plaintiff claimed was caused by the excessive strain of cranking a tractor. The sight of the eye was lost.

Judgment was entered by consent for £450, each party to pay its own costs, a settlement to this effect having been reached. A settlement was reached in connection with a case set down for hearing in which tho plaintiff was John Reginald Morris, timber worker, Mokai (Mr. J. J. Sullivan), and tho defendant was the Taupo Tot ara Timber Company, Limited, Putaruru (Mr. 11. P. Richmond). In his statement of claim, plaint iff said he was assisting to put a block on a treo for tho defendant company at Mokai on January 23, 1931. He was standing on a jigger and under a man named Shera. Dust, debris, or some foreign matter, fell into plaintiff's left eyo as ho was looking up while he was assisting to put a strap around the tree, on which to hang the block. His eye became injured and had to be removed. Plaintiff was totally disabled for a month and had sustained permanent partial disability in the loss of his left eye.

Judgment was entered for plaintiff by consent for £250 and £3O costs.

BUSHMAN INJURED BY LOG. COURT AWARDS SUM OF £217. [from our own correspondent.] HAMILTON, Monday. Difficulty in arriving at a basis of compensation stood in the way of a settlement in a case heard in the Arbitration Court at Hamilton to-day. The plaintiff, Francis Seymour, bushman, of Manunui (Mr. P. J. O'Regan), claimed compensation from the Hayward Timber Company, Limited, of Tanmarunui (Mr. J. G. Cordon), for injuries arising out of an accident. In his statement of claim plaintiff said that while he was at work at Manunui on July 5, 1930, a log fell on him and he fractured his right arm and scapula. He was 47 years of age. Plaintiff said he was totally disabled until June last, when lie obtained employment with a farmer at £2 a week. He* had formerly received £5 9s a week.

The defendant company admitted the accident and admitted that plaintiff had been totally disabled from the time o? the accident until January 31. 1931. The sum o? £9B had been paid to him. It. was contended that since' then the reduction of plaintiff s working capacity had been verv small.

Dr. H. Douglas, of Hamilton, considered that plaintiff would have a permanent disability of 20 per cent, of his right arm _ , Giving evidence for the defence, Dr. Welbv Fisher, of Taumarunui. stated that plaintiff's arm was still very tender. He estimated that the maximum permanent disability plaintiff had suffered was 20 per cent. There was an element of "grievance" and "litigation neurosis in the case. He would not suggest that plaintiff was malingering. Dr. E. B. Milsom, of Auckland, assessed planum s total incapacity at 20 per cent. The Court said the medical witnesses had agreed as to the measure of plaintiff's permanent incapacity, but had not made allowance for the neurasthenia from which he suffered. The Court had agreed to allow plaintift £3 10s 6d a week from the date of the accident to January 51, 1931, £1 15s 3d a week from January 31, 1931. to August 24, and 14s Id "ner week for the remaining penod allowed." Judgment was entered for plaintiff for £217 15s 9d, and costs.