CASE FOR THE DEFENCE

Poverty Bay Herald, Volume LV, Issue 17609, 27 October 1931, Page 11

CASE FOR THE DEFENCE

MILL MANAGER’S DEATH £IOOO COMPENSATION CLAIM The case for tho defence was heard by Mr. Justice Frazer and his associates in tho Arbitration Court this afternoon in connection with the claim for compensation for tho death of Paul Christensen NisSen, the action being brought bv tho Public Trustee, as administrator for tho deceased’s widow and dependents, against John Trevor Thomas and Donald Victor Thomas, owners of the sawmill at Tuai at which tho deceased had been employed as manager. The plaintiff claimed £IOOO compensation under tho Workers’ -Compensation Act, and to be reimbursed for funeral and medical expenses, alleging that Nissen’s death was duo to a , strain which ho received in tho course of his employment. Mr. L. T. Bernard appeared for tho plaintiff, and Mr." W. J. Hunter, of Christchurch, for the defendants. Cross-examined by Mr. Hunter, Dr. Ross stated that the condition of tho deceased’s teeth would have made him susceptible to infection, lowering his vitality.

Re-examined by Mr. Bernard, witness stated that there could lie no question that it was a case of tubercular pleurisy. Had ho caught a chill at tho test match one would have expected pneumonia rather than pleurisy, but there was no history of pneumonia in this case. That form of pleurisy was excluded by the facts, and the only explanation was lift strain of August 4. It was a known fact that quite a large proportion of the population were walking about with tubercular infection, without them knowing anything about it. Donald Victor Thomas, sheep-farmer and sawmiller, of Waikaremoana, stated that they bad a written agreement with the deceased as to his work, his wages being fixed ‘at 25s a day, together with an annual bonus of 10 per cent, on the profits. When Nissen went off his (Nissen’s) son took charge. The deceased had had rather a roving commission, taking part in all jobs for the mill, being a specialist in all branches of the work. He had to exercise general super* vision of the mill. In reply to Mr. Burnard, witness stated that up until the accident tho deceased had been a healthy, man, and had Been engaged in heavy manual work. Dr. Hallwright, medical superintendent of tho Wairoa Hospital, stated that Nissen entered the hospital on October 17, 1930. Witness detailed the deceased’s condition, and the treatment he received, and stated that lie was in a bad state of health generally. Up until 1 iis dcatli the deceased constantly complained of a pain in tho back. In December, as lie was then able to stand the anaestliotic, witness advised him to have his teetli extracted. He had left the hospital iii November, and returned again just after the •earthquake of February 3, his health being very ‘ had. He gradually became weaker, and died, and witness performed a post-mortem examination, which disclosed that: the left lung contained much fluid, and there was evidence of ‘pericarditis. Tlifc right lung was collapsed completely. Witness certified the cause of death as pleurisy and pericarditis. There were no adhesions to be found in the chest. Where a man had had adhesions early in life they were usually visible. In this case there was no reason to believe that the deceased had had any pleuritic adhesions. There was no ground to believe that he had had pleurisy formerly, and unless lie had had it as a child, it was unlikely that he would have had pleurisy formerly an if not known of it. To support Dr. Ross’ theory it would be necessary to assume that the deceased had earlier had tubercular pleurisy and had been unaware of it; that adhesions had been left , Jrom which he suffered no pain, and that one

of these adhesions was ruptured without pain while lie was lifting. The deceased did not complain of pains in the chest. A man might have adhesion without pain on all movements.

His Honor: What is tho ordinary way in which a man contracts tubercular pleurisy? Witness : His resistance is lowered and there is always tubercular infection about. In most cases where a. person has pleurisy without any apparent cause it is almost invariably "tubercular. Witness stated that he could not see how any injury in the place the deceased complained of'could relate to any injury up above, It was not a place iii which referred pain would be felt. Ilis Honor: Is there anything to differentiate this case from any ordinary case of tubercular pleurisy originating in tho pleura?’ Witness: None To Mr. Burnard witness slated that the minimum time between the entrance of the bacilli and the filling of the lungs with fluid would probably bo about 10 days. A strain of the muscles would not result in the general lowering of a man’s health. Mr. Burnard: Isn’t the reasonable explanation the one that Dr. Ross lias put forward? Witness: It is explanation Witness stated that teeth would cause a septic, infection, which did not'occur in this case. Teetli, however, caused a tremendous lot of ill-health, but only broke down resistance after a very long period, that condition developing gradually. Assuming that the deceased was in good health right up until the day of tho swident one would not expect liis ■ condition Jo be lowered so suddenly. Witness had come in contact with eases of direct tubercular infection of the pleura. Tubercular trouble as a rule came on more or less insidiously, It was possible for the deceased in this case to have caught a chill without any symptoms of it being observable. ' (Proceeding)