INDUSTRIAL ACCIDENTS.

New Zealand Herald, Volume LXVIII, Issue 20979, 16 September 1931, Page 11

INDUSTRIAL ACCIDENTS.

■ I COMPENSATION DELAY, reform OF system urged. (M / " AGGRAVATION of claims. ,j ■ : EFFECT OF LITIGATION NEUROSIS. "The great weight of legal and medical opinion, the recommendation of Royal Commission, and the actual in- • tice n ow' occasioned through the unavoidable delay in the settlement o*f com- ' nensation claims, force us to the conclusion that, in general interest there should he a severance of industrial and compensation tribunals," says the New Zealand Law Journal in discussing the inadequacy of the machinery now available for the settlement of claims under the porkers! Compensation Act. " A Compensation Court, presided over by a Judge of tried ability and with a wide experience in the special class of work with which such a Court would deal, is an urgent necessity. "The tinie is over-ripe for a change. Humanitarian considerations suggest it. The interests of claimants and employers require it. Above all. a recognition of the necessity for prompt and efficient means whereby the ends of justice may be met, demands that the present wholly unsat- , jjfactorv situation he speedily terminated." Increasing Number of Claims. . The same issue, of the journal contains g contribution by Dr. Keith S. Macky, of Auckland, upon the dangers of delay in settling compensation claims. He says such claims are increasing tremendously, the present Court is becoming congested and the future does not hold out any possibility of a decrease in their number, "In both civil anil industrial claims, it is very often pleaded that the injured person is suffering from neurasthenia. This may be so; but I am firmly convinced that in nine cases out of ten, the true diagnosis is anxiety—or litigation—neurosis, and not neurasthenia. The latter is a definite disease, the former is a legal complaint." Dr. Macky discusses at some length the character of neurasthenia and also of traumatic neurasthenia, the latter following an injury, though "it is a 1 rare sequel," and liable to be intensified by injudicious remarks of lawyers, doctors and friends and by the worry of litigation. "Litigation neurosis, or compensation neurasthenia, is to-day ft definite entity," Dr. Macky continues. "It is extremely rare to find' the injured person with- any symptoms of neurosis, as long as he is receiving treatment. It is often the case that after treatment has been concluded there remains a minor disability, e.g., a minor degree of stiffness, and the doctor explains to the man that all that is required to complete the cure is a return to work and use. The man may have a genuine fear that, by doing so, he may aggravate the condition; but- more frequently it is a question of grievance. He argues that, as he is not as good (temporarily) as he was, he is entitled to some compensation."

Football and Factory Injuries. Then follow consultation of a lawyer, medical examination and a wait for the sitting of the Court three or four months later. This long delay is the main cause of the neurosis. The effect of the injury ii> prolonged by the anxiety regarding compensation. This conclusion is ill us' trated by experience of similar injuries received on the football field and at work. It is difficult to restrain the footballer from getting to work too soon. Delay in settlement is the main aggravating factor. In the army there was no delay, for as soon as treatment was concluded the man was boarded, and disposed of under three headings: (1) Fit for duty, (2) fit for light duty, temporarily or permanently, (3) permanently unfit for all duties and discharged with a pension. Separate Court Proposed. - "It is quite Obvious that the Arbitration Court/as at present constituted, and visiting the main centres at long intervals, is not going to prevent neuroses, Dr. Mackv says. " Two methods of obviating this delay present themselves; (1) Separation of the work of the Arbitration Court, which is already congested with industrial disputes and compensation claims, into two sections: (a) Industrial, (b)- compensation. If this were done, and an experienced Judge, sitting alone, vvfre appointed to the latter section, then everyone should be satisfied. Such a Court would be able to visit the main centres every two months. The present • head of Arbitration Court has proved that it is possible for a lay mind to acquire a profound knowledge of industrial disabilities, and that he is well acquainted with the anatomical and physiological facts is very evident when tie questions a . medical witness. "It would further expedite settlements, if. in conjunction with the Court, 'i medical board, composed of men of standing and repute, conhl be established in.the main centres. Such a board could sit fortnightly and examine all cases which have finished with treatment. Then, on the arrival of the Court, -the board's findings on the individual cases would be presented to it for perusal and ratification, and any legal questions could then be argued by counsel."