WORKER'S CLAIM FAILS

New Zealand Herald, Volume LXXV, Issue 23150, 23 September 1938, Page 15

WORKER'S CLAIM FAILS

INCIDENT AT ORAKEI COMPENSATION NOT PAYABLE Judgment was delivered yesterday in tho .Arbitration Court in a claim for compensation for nil alleged injury to the heart while working for the Public Works Department at Orakei. Tho claim was brought by Percy Tullock, of Auckland, Public Works employee (Mr. C. A. Sneddon) against the Crown (Mr. V. R. S. Meredith). Mr. Justice o'Regan presided at the hearing. Plaintiff claimed compensation on the ground that ho suffered a heart injury on Saturday, July of last year when he was moving a pipe iuto position in a tunnel while working in a cramped position. He claimed that his collapse on the following Tuesday was the sequel (o the injury. He had been in hospital for six weeks following his collapse and had done no work since, as it was agreed that the condition of his heart precluded his undertaking heavy work, again." Tho judgment of tho Court was that there was no heart attack on the Saturday, in that there were none of tho usual indications. On the other hand there was an attack 011 tho Tuesday and the Court was satisfied that the weight of professional evidence showed that plaintiff suffered from an attack of coronary thrombosis, for which compensation was not payable. The Court felt therefore that the case was not within tho Act. Leave was reserved for the Crown to apply for costs.