TRUCK DRIVER'S DEATH

New Zealand Herald, Volume LXX, Issue 21518, 15 June 1933, Page 15

TRUCK DRIVER'S DEATH

SUDDEN HEART FAILURE CLAIM for compensation WIDOW'S CASE UNSUCCESSFUL Au Arbitration Court hearing has resulted in a refusal of a claim for compensation in which Cecilia Alice Harvey (Mr. Holmden) proceeded against Ernest and Herbert Craig, Limited '(Mr. Johnstone), for compensation following the death of her husband, T. B. Harvcv, on December 13. The case was heard before Mr. Justice Frazer. Jn tin- judgment, His Honor stated that Mr. Harvey, at the time of a seizure which terminated in his death, was in Charge of a motor-truck owned liv, the defendant company, and it was claimed that his death arose out of and in the course of his employment. ]t was sufficient to say that deceased was apparently in good health on the jnorniug of December 13, and that, about 11.15 a.m., while assisting to lift a heavy bale, lie "complained of distress/ After a few minutes, he was able to resume his ordinary -work, and, at noon, he appeared to be quite well anil ate a lunch. At 1 p.m., he drove off toward Otalnihu, and, about half an hour later, lie stopped the vehicle, got down from the cab and was found lying oil the. ground beside the truck. He in a few minutes. State of Man's Health Deceased, in the present case, was Buffering from advanced disease of the coronary arteries, and might have died at any time, but were there proof that his death was in fact accelerated by the ] work he was doing, or by an\' special strain incurred in the performance of that work, the claimant would be entitled to judgment. It could not be stated too definitely and emphatically that the mere fact that a man died at his work was not in itself sufficient proof that his death was due to accident arising out of and in the,course of his employment. Before a claimant could succeed there must be evident from which the Court could properly infer that the work upon which deceased was engaged before his death contributed to his death. If the ■weight of evidence was that deceased died from tho disease alone, irrespective of/tlie work he was doing, or if the evidence balanced, a claim for compensation could not succeed. If, however, the evidence led to the conclusion that, broadly speaking, death was due to tho disease and tho work, taken together, the claim would succeed, and the Court, in such a case, was not concerned to ascertain the precise length of time that deceased might have survived had he not gone to work on the day of his death. Medical Evidence Conflicting present case, the medical evidence was conflicting, and there was a sharp-/;difference of expert opinion •whether the strain of the lift at which" deceased assisted at 11.15 a.m., coupled with the other work on which he was engaged during the day, had so affected his cardiac reserve as to bring about his death at 1.30 p.m. In view of the./importance of the issues involved,' it was decided to refer the medical aspects to Dr. F. Fitchett, professor of clinical medicine at Otago "University. The findings of fact in regard" to' the lay evidence had also been given to Dr. Fitchett, who had been fully instructed in the law. As a result, the opinion had been expressed that deceased died from sudden heart failure, and that his condition Exposed him to risk of sudden death at any time, irrespective of strain or effort. In spite of the grave risks to which he was exposed at work, he suffered no damage during the time he was under observation, up to 1 p.m. Lack of evidence as to what took place after that made it impossible to determine or infer jusilv the exciting cause of death. On the medical evidence, therefore, plaintiff's case must fail. _ Judgment was given the defendant company, and leave was reserved to apply for costs.