UNUSUAL CLAIM

New Zealand Herald, Volume LXXVII, Issue 23767, 21 September 1940, Page 8

UNUSUAL CLAIM

INJURED HANDS BRASS WORKER'S ACTION COURT RESERVES DECISION A mechanic who claimed to have had his skin impregnated by small pieces of brass so that disease followed brought a claim under the Workers Compensation Act against his employer in the Compensation Court yesterday. Mr. Justice O'Regan presided. The plaintiff was Frederick James Davis, aged 40 (Mr. Dickson), who brought action against MacEwan's Machinery, Limited (Mr. Goldstine). He claimed that in June and July, 1936, while using a machine for turning brass castings the skin of his hands and face became impregnated with particles so that skin cancer was set up, and he had been totally incapacitated. The defendant denied that such injury, if it did occur, arose out of the plaintiff's employment or was an accident within the meaning of the Act. Mr. Dickson said Davis had been a brassfinisher for 16 years, and was for eight years with the defendant firm. For two years prior to his leaving the work in *1936 the brass alloy had become exceedingly hard, so that sparks flew off it, entering his hands and face. The use of gloves was unavailing, and when a medical specialist warned him that he might lose his hands through cancer lie gave up his employment. He was now a tramway conductor. It was contended that the plaintiff was peculiarly susceptible to cancer of the akin. He was claiming the difference of 6s 3d a week between his pay as a brassfinisher and as a conductor.

The plaintiff gave evidence that he had had constant treatment, but the cancer kept coming back. Medical evidence was given to this effect, Dr. H. Bruce Mackenzie saying he doubted very much if the plaintiff's hands would J>e finally cured. Mr. Goldstine submitted a number of authorities in support of his contention that this was not a case of an accident, but was a disease of gradual process which was not covered by the Act. He called medical evidence to show that the plaintiff's condition was brought about by a grndual process and was not the result of a happening at some point of time. His Honor reserved his decision.