COMPENSATION SOUGHT.

New Zealand Herald, Volume LXIX, Issue 21117, 26 February 1932, Page 12

COMPENSATION SOUGHT.

WIDOW'S CLAIM FAILS. CASE FROM PORTLAND. A claim for compensation for the death of her husband, Donald Thomas Forbes, of Portland, was made in the Arbitration Court yesterday by Frances Mary Forbes against Wilsons (N.Z.) Portland Cement, Limited. Mr. Justice Frazer presided, and associated with him were Mr. W. Cecil Prime, representing the employers, and Mr. A. L. Monteith, representing tho employees. Plaintiff alleged that on March 16. 1931, while Forbes was an employee of the firm, he was struck by the handle of a winch, and that as a result of exertion in raising the winch and of tho accident and tho injuries received, he died on April 14, 1931. It was stated that plaintiff and five of their children, aged 14. 12, 9 and 8 years, and 7 months respectively, were totally dependent on the earnings of deceased. On behalf of the company it was denied that any accident happened as alleged. E. H. Rowlands, a fellow employee of deceased, said they were working together on March 16. Witness turned away upon an' errand, then looked back and saw the chain running out of the winch. He found deceased lying in a concrete gutter. There was a red mark under his heart. In witness' opinion he had been struck by the winch handle. Dr. J. G. Campbell, of Whangarei, said ho attended Forbes, who said he had been turning a handle and must have been hit. Witness saw no sign of a mark. Ten days later he saw Forbes again and he had improyed greatly. He saw him again on April 10, and deceased told him he was feeling well.

To counsel for plaintiff, witness said he thought the accident gave Forbes a heart attack, but that he recovered, and that the -second attack from which he died was independent of the accident. A postmortem examination of deceased's heart showed a condition of long standing.

Dr. T. W. J. Johnson, of Auckland, said it was clear that Forbes suddenly developed some acute heart condition. lie thought this made liirn suddenly unconscious, and that he fell as a result of the disease. It was perfectly clear that death was not caused by a blow. Dr. Walter Gilmore, pathologist at the Auckland Hospital, sail} as far as lie could gather from the evidence there must have been degeneration of the left ventricle of the heart. Dr. H. F. Holmden. of Auckland, said lie agreed with Dr. Johnson. Judgment was given for the defendant company.