COMPENSATION CLAIM

New Zealand Herald, Volume LXXV, Issue 23129, 30 August 1938, Page 15

COMPENSATION CLAIM

STOREMAN'S INJURIES REVIEW OF AWARD WANTED A motion for review of a suspensory a«ard made in 1037 was brought by William James Yeo. storeman (Mr. Slipper), in the Arbitration Court yesterday. Defendant was Pearson Knowles and liylands Brothers, Limited (-Mr. More), from whom plaintiff in 1937 claimed compensation for an injury said to have arisen from and in the course of his employment on May 28, 10:56. Mr. Justice o'Regan presided, with him being Messr§. W. Cecil Prime and A. L. Monteith, lay members.

The question at issue was stated to be tiie probable results of an operation to cure an abdominal injury which had slightly recurred since the Court made its suspensory award, when no compensation- was allowed. Dr. J. Fitzsimmons said plaintiff had a recurrence of the trouble for which witness had operated in 1936. Plaintiff was definitely in a worse condition for doing heavy work than he jvas when he was last before the Court. The chance of a successful operation was not good. The uncertainty of result was the real factor in considering another operation. Dr M. Axford, giving evidence for the defence, said he thought an operation to remove the recurrence was practicable. Mr. Kenneth Mackenzie, surgeon, said he thought an operation for repair should definitely be undertaken and that plaintiff would have nine out of ten chances as a result of doing anything short of the heaviest manual labour.

The case was adjourned for further evidence until to-day.