COAL MINER'S INJURY

New Zealand Herald, Volume LXXV, Issue 22971, 24 February 1938, Page 18

COAL MINER'S INJURY

PICK THROUGH FOOT COMPENSATION SOUGHT A coal miner formerly employed in the Pukeniiro , Collieries, Alexander Greenhorn (Mr. C. J. O'Regan), of Wellington, brought a claim for compensation against Pukeniiro Collieries, Limited (Mr. Hore), in the Second Court of Arbitration yesterday. Mr. Justice Hunter presided. The. accident giving rise to the claim took place on July 8, 1935, when Greenhorn drove a pick into his left foot. In explaining the long delay, Mr. O'Regan said the difficulty had been that no Court had been available to take the case. It had been originally handled by Mr. Justice O'Regan before his appointment to the Bench, and of course it could not come before him. Plaintiff claimed that on August 27, 15)35, septic arthritis developed in a joint of the foot where he had received a punctured wound. He had been paid weekly compensation for 72 weeks at the rate of £2 17s Id until November, 1936, making a total of £205 10s. Ho claimed to be still totally disabled and asked for a continuance of tho compensation until tho date of tho trial and for such further lump sum as the Court might award. The defence admitted thnt plaintiff had suffered some permanent disablement of his left leg, but denied that his nmgo of employment had been curtailed. A settlement had been offered to plaintiff in order to induce him to return to work after his long absence. The defence alleged that the total disability, if it existed, was due to plaintiff's neglect or refusal to exercise his foot and to accept work of any kind. Mr. Hore said the issue was whether there had been any loss of earning power and whether the man should not have been back at work long ago. Mr. O.'Regan'said tho two points to be decided were the degree of the man's permanent incapacity due to the injury to the foot, and what sum, if any, plaintiff was entitled to in respect of the period from November 24, 15K36, to date. Defendant would say that plaintiff should have resumed work long ago, but plaintiff said he was incapablo of resuming his. occupation. The evidence would show that his foot was seriously and permanently reduced in ability and that ho would not be able to rosume his work in mines. Lengthy medical evidence called by both sides was heard throughout tho day. When it was concluded the case was adjourned for the hearing of argument this morning, > .'