ALLEGED INJURY

New Zealand Herald, Volume LXXV, Issue 23143, 15 September 1938, Page 19

ALLEGED INJURY

COMPENSATION SOUGHT WOODWORKER'S CLAIM COURT RESERVES DECISION Compensation for an alleged injury was claimed by Edmund Noble, woodwork machinist (Mr. Sullivan), in ail action against Henderson and Pollard. Limited, joiners (Mr. Goldstine), heard in the Arbitration Court yesterday.. Mr. Justice O'Regan presided, and with him were Messrs. A. L. Monteith and W. Cecil Prime.

The plaintiff in his statement of claim alleged that on September 22, 1037, while straightening a stack of timber at the company's factory at Mount Eden he felt a sharp, burning pain in bis left thigh. He continued in his employment until November 16, when he was compelled to cease work owing to his injury. Ho was still unable to work.

Plaintiff claimed a weekly payment of £'•'! Os 8d from November 16 until the present day," further compensation by way of a lump sum as might be shown to be reasonable, £1 medical expenses and costs. Doctor in Witness-Box Dr. A. Cuinmiug said he had examined plaintiff on September 20 in connection with indigestion. There was no evidence of hernia. On September »22 witness examined plaintiff again and found a lump about the size of a hen's The defence was a denial that plaintill' had suffered injury by an accident arising out of and in the course of his employment, or that be had becomo disabled from earning wages by reason of any such injury. Alternatively, it was submitted that if plaintiff did suffer injury as alleged he had failed to give notice of the accident as soon as practicable after its happening. As a result, it was contended, the defendant company had been prejudiced in its defence or otherwise.

Arthur Rule Cleaver, machinist, said be could tell plaintiff was suffering from some injury the first day plaintiff began work at the factory. Plaintiff told witness that he was under the doctor owing to a previous strain. There was a lump on the side of his leg about the size of a small egg.

Cross-examined by Mr. Sullivan, witness said he had a poor memory for dates.

A Surgeon's Evidence. Evidence of a medical nature was given by Kenneth [Mackenzie, surgeon, who said it was possible to distinguish between an old and a recent hernia. The hernia in the present ease was not an old one. It was possible that the hernia could have been present when Dr. Gumming first examined Noble lor indigestion without the doctor discovering it.

Charles Henry Bow, woodwork machinist, said that in August, 1937, he was employed by Henderson and Pollard, Limited, and was leading hand in the machinery department when Noble entered the employment of tho company on August 6. Witness said he had put Noble to work making sills, but his work later had not been as heavy. He knew that Noble had been under si doctor for stomach trouble, but Noble had not told him that he had felt a lump on his leg. The first intimation witness had of the matter was when the foreman bad come to him with a letter from Noble suggesting that he had been hurt.

The Court adjourned for 15 minutes, after which .Mr. Justice O'Kegan said the ease was a difficult one and it would he necessary to sift the evidence thoroughly. .Decision was therefore rcr served.