INJURIES TO BACK

New Zealand Herald, Volume LXXII, Issue 22165, 19 July 1935, Page 16

INJURIES TO BACK

COMPENSATION SOUGHT r I . CLAIM BY WATERS! DER OTHER ACCIDENTS RECALLED An, accident in the hold of the steamer Cambridge on June 27, 1934, during the loading of wool at Queen's Wharf had a sequel in the Arbitration Court yesterday, when a waterside worker, Alfred Douglas (Mr. Sullivan), claimed compensation from the New Zealand Shipping Company, Limited (Mr. Elliot). Mr. Justice Page presided.

The statement -of claim set out that the' accident occurred while plaintiff was manipulating a bale of wool in an awkward position in the hold of tho vessel. He' lost control of the bale and was crushed against a protective covering of timber around a pipe. As a result, plaintiff suffered injuries to the epino and injuries to the back. He was taken to the Auckland Hospital by tunbulance.

Contentions by Defence Since the accident, it was stated, plaintiff ( had been and was still disabled from earning wages. At the time his average weekly earnings were £4 Bs. He had been paid compensation at tho rate of £2 18s 8d a week to March i! 0 last. Plaintiff claimed a weekly payment of £2 18s Sd from March 20 to the date of the trial, further compensation as might be shown to bo reasonable, £1 medical expenses and costs.

The defence was that plaintiff was not now suffering from physical disability, and that if he was, he could have an operation that would make him fit for work in six to nine months. If there was anything wrong with him, the defence submitted, it was purely some neurasthenic condition, and he was perhaps entitled to nominal compensation.

"This is your seventh claim since 1928, is it not?" asked Mr. Elliot, in his cross-examination of plaintiff. Witness: I could not say. In rep'ly to His Honor, witness said he was unable to recollect the number of his previous claims. Six Previous Accidents Mr. Elliot: Do you remember an injury to a leg in 1928? Witness: Yes. To the back in 1929?—Y0u are going ft bit far back. I had an injury to the back once: Do you remember an injury to the left leg in 1930?—N0. You got £66 compensation?— No. It was for the right leg. There was an injury to the left kneecap in 1931? —Yes. Cross-examined further, witness said lie had five stitches inserted in a finger .cif the left hand in January, 1932, and later in the same year six stitches were inserted in the right hand. Mr. Elliot: You remember six of the seven injuries?— Yes, now that you mention them. Did you get compensation in each ease ?—Yes. Medical Witnesses Called Mr. Sullivan: This is not a criminal case, and to ask these questions my :friend must have something at the back of them. I submit that these questions have nothing whatever to do with this matter.

Medical evidence for the plaintiff was given by Dr. 6. A. Bull, Dr. W. Cuthbert McCaw and Dr. Kenneth MacCormick. The witnesses considered that plaintiff at present suffered 100 per cent total physical disablement. At the expiration of three months it was estimated that he would be from 50 to 75 per cent incapacitated. Mr. Kenneth Mackenzie and Dr. Keith S. Macky, who were called for the defendant company, considered that plaintiff's total physical disablement was from slight to none at all. It was contended that ho was suffering from neurasthenia, for which he should be allowed three months. Medical evidenoe will be continued to-day.