MOTOR CYCLE ACCIDENT

Otago Daily Times, Issue 25717, 13 December 1944, Page 2

MOTOR CYCLE ACCIDENT

COMPENSATION COURT AWARD The Compensation Court has given .iudgment in the case heard recently in Dunedin before Mr Justice O’Regan, in which Herbert James Munro, of Tramway road, South Invercargill. garage foreman, claimed compensation from Tappers, Ltd., cycle importers. The plaintiff. In evidence, said that his occupation obliged him frequently to ride a motor cycle, and that on March 9, 1943. he was thrown violently when his machine skidded m some loose gravel. He was taken to trie Invercargill Public Hospital, where a wound over the right temple was stitched. He attended the hospital as an outpatient until the following September, and rested at home for a year. The judgment said it was common ground that there was no organic damage whatever, but there was a rather sharp conflict of medical evidence. Dr A. S. Moody agreed that the case was largely functional, but he was not less satisfied that this was not an ordinary case of neurasthenia. He was satisfied that the accident caused concussion of the brain, and lie thought that the present symptoms were the effects of concussion and that the plaintiff was incapable of working continuously day after day for eight hours, even at light employment. Dealing with the evidence given by Professor E F. D’Ath, professor of pathology at the Otago University, the judgment stated: "Professor D’Ath agrees that the case comprises a large functional element, but he is of the opinion that it is not an ordinary case of anxiety neurosis. He thinks that from the outset the plaintiff should have had at least eight weeks complete rest after the accident, after which he should have commenced with light work. Having regard to the omission of proper treatment from the outset and the length of time that has since elapsed, he thinks that considerable time will be required to restore the plaintiff, but lie thinks that, provided that it be done under medical supervision, a complete cure can be brought about.” The court accepted Professor D’Ath s conclusion that two years would be required for the plaintiff's condition to clear up, and compensation was fixed in the sum of £lB9 16s Bd. the amount paid under a magistrate’s order to be deducted. Costs (£l3 13s) and expenses to each of the two professional witnesses (£3 3s each) were also allowed, as well as olalntiff’s own expenses.