MILL MANAGER’S DEATH

Poverty Bay Herald, Volume LV, Issue 17609, 27 October 1931, Page 7

MILL MANAGER’S DEATH

/ COMPENSATION CLAIM

ARBITRATION .COURT ACTION 'The Arbitration Court, which opened'in Gisborne this morning, heard a clajm for compensation under the Workers’ Compensation Act for the death of a sawmill manager which occurred on February 25, 10131, allegedly as the result of a strain which he received in the course of his work. The . plaintiff was the Public Trustee, as administrator of the estate of the deceased Paul Christensen Nissen, on behalf of his widow and dependents, who"proceeded against the deceased’s employers, John Trevor Thomas and Donald Victor Thomas, owners of a sawmill at Tuai. The plaintiff alleged that the deceased while loading 9in. by 4in bridge timber at the mill on August 4, 1930, received a strain ■which resulted in his death, and £IOOO compensation, £2O 2s funeral expenses, , and £23 18s, representing a portion of the medical expenses, were claimed. The claim was heard by Mr. Justice Frazer, who had associated with him on the bench. Mr. W. Cecil Prime, of Christchurch, representing the employers. and Mr. A. L. Monteith, of Wellington, for the workers. Mr. L. T Barnard appeared for the plaintiff, and Mr. W. J. Hunter, of Christchurch, for Thomas Bros. William James Hobman, yardman, stated that the deceased bad been employed as a working manager of defendant’s mill, looking after the mill, and doing any work that was necessary, such as laying of tram lines through the bush, and building bridges and bench saws. He also loaded timber on to the lorries, and shod horses. The deceased had had a slight strain 12 on 18 months before the accident, but he did not go off work. After that strain he carried on his ordinary duties, taking} the place also of any man who might be off. A fire occurred about 12 weeks before the accident, and during the fire he had been engaged, in work of a strenuous character. After the fire he assisted in rebuilding the mill, which involved heavy labor. " The rebuilding occupied about six weeks, and when it was finished he continued to work. The whole of the deceased’s time was spent in manual labor. Up until August 4 his health was good. On that date he was assisting in loading a lorry, and i after he had been engaged at the work for a time he came into the mill and said he had injured his back in loading the timber. On Augiust 18, when witness next saw him, the deceased had difficulty in walking, and complained of pgins in his back. He was incapable of working, and looked a sick man. Right up until the last time witness saw him the deceased was always complaining of his back. The widow of the deceased stated that up until August 4 his health had been very good, but on that date lie cirne home in great pain with a strained back, and that pain continued until the time of his death. After the accident, one of the recommended the deceased to take a holiday, and on August 6 they went to Napier, when the deceased consulted Dr. Gilray. The following Tuesday X-ray photographs were taken, and the deceased again went' to Dr. Gilray, who advised him to take a month off, and in the meantime have his 'teeth extracted. They returned to Wairoa, but the deceased was taken ill, and it was decided to have his teeth removed. The date was f August 23, but the deceased was not in a fit state for his teeth to be extracted, and he entered, a private hospital, On August 31 Dr. Ross performed an operation, and her husband remained in the hospital for four 'weeks, after which he returned home. For the first two weeks an operation was required twice a week,, and after that once a week. On one occasion in October. Thomas called and took the deceased out to Waikaremoana, and when he returned he was feeling ill. On October 7 the deceased entered the Wairoa Hospital, where Dr. Hallwright performed an operation. Witness used to call at the hospital to see him twice a week, and she noticed that he appeared to be very ill. On November 29 die was allowed to return home, and thereafter he visited Dr. Hallwright once a week. Date in December he had six teeth extracted. On February 7 he re-entered the hospital, when it was found that his other lung was affected. His death occurred on February 25. Prior to the accident her husband had been a perfectly healthy man, and on no occasion had he made any call on accident insurance. Witness gave evidence of the deceased’s earnings. Cross-examined by Mr. Hunter, witness stated that when the deceased first went to have his teeth removed, Dr. Jardino, who was to administer the anaesthetic, was worried about his chest, and advised him to enter the private hospital, stating that if the deceased were well enough in a few days his teeth could bo extracted. Dr. Ross was called in for a consultation, and Dr. Ross wms then put in charge of the case. Mrs. Ivy Florence Baker, a daughter of the deceased, also gave evidence of his good health prior to the accident, and of the class of work he performed. Witness saw the accident, stating that her father was lifting a large piece of timber when ho dropped f it and caught hold of his hack. Witness corroborated her mother’s evidence as to the circumstances after the accident. Dr. John Ross, of Wairoa, stated that he was called to examine the deceased on August 31. Nissen was very ill, and on examining him witness found that his right lung was . completely compressed. Witness described the steps ho took to relieve the patient’s condition. . From what he had heard and from his own observations, witness thought there could be no question that the case was one of tubercular pleurisy, the only cause of which that witness could see was the accident he met with on August 4. He had formed the opinion that some time previously the deceased had had tubercular infection, and that the accident had released those organisms. He was perfectly healthy at the time of the accident. In witness’ view that was the only reasonable explanation of his illness and death. The N-ray photographs showed nothing abnorrn;', 1 , but it was common for a man to have, a severe strain of tlit* back and the X-ray to show nothing. In reply to Mr. Hunter, witness stated that lie had been called in to consult with Dr. Jardine, and took over the case at the request of the family, remaining in charge until Nissen entered the public .hospital, when his connection with the ' case censed Witness was aware that Dr. Hallwright had performed a postmortem examination. He was not surprised that no adhesions were found. His assumption was that the accident had broken away an adhesion of the chest. He would not have had an adhesion of the chest unless he had had some tubercular trouble earlier in life. Tt did not follow that the deceased would have felt pain in the chest when the adhesion broken, as the adhesion might have W been small and the rupture a trifling ’’’ matter. The pain in the back would be of auwcukr origin, and would tot# nothhdW'hl • ■- '

ing to do with any breaking of the adhesion, ami lie did not Suggest that tho pain in the back was connected with the pleurisy. Mr. Hunter: Have you excluded the possibility of his having caught a chill at the test match in Wellington which caused pleurisy? Witness : You must remember that the deceased was a man accustomed to cold and wet. (Proceeding)