CUT WITH SLASHER

Poverty Bay Herald, Volume LXI, Issue 18386, 2 May 1934, Page 4

CUT WITH SLASHER

MAORI’S INJURY

DISPUTE BEFORE COURT

DEGREE OF DISABILITY

The degree of debility suffered by the plaintiff was the point in dispute in the first case heard when a sitting of the Arbitration Court opened in Gisborne this morning. Mr Justice Frazer presided, and had with him as assessors Messrs. IV. Cecil Prime, employers, and A. L. Montcith, workers. The case was one in which Tawa Porter proceeded against David A. Kirkpatrick on a claim for compensation for injury. In his "statement of claim the plaintiff set out that on July 11, 1933, while employed in scrub cutting for the do,* fondant'his right band whs severely injured with a slasher. His average weekly earnings at that time were £1 a week. As a result of the accident he was totally incapacitated for J 4 weeks, and had suffered the total and permanent loss of the use of his right hand. ■ '

The plaintiff claimed £l3l 11s, made up as follows:—Fourteen weeks at J3s 4d. £9 (is 8d; compensation for the loss of the use of his right hand, £l2l 4s 4d, and medical expenses. £l.,

The statement of defence admitted that the accident had occurred, Dut denied that it hr/1 resulted in tno severe injury to the plaintiff’s hand that he had stated. The defendant stated that at that time the plaintiff's average weekly earnings were 18s Bd.| The defendant admitted that tno plaintiff had been totally incapacitated for 14 weeks, but in a further <to■enec submitted that if the .plaintiff had suffered any permanent loss of tno use of his right hand, which the defendant denied, such loss was caused by the plaintiff's unreasonable refusal to submit to medical treatment. Having paid into court a sum of £l2 in addition to a sum of £4 already paid lo the pla ? ntiff on account of the compensation due to him, the defendant contended that the plaintiff had been sufficiently compensated. Mr. J. S. Wauchop appeared for the plaintiff, and Mr. L. T. Burnnrd for the defendant.

The plaintiff gave evidence of the accident, and stated that he was in hospital for about three months,, and was an out-patient for a further noriod, being finally* discharged in October. Ho stated that he had completely lost the use of his right hand, and submitted to tests made before the court.

The plaintiff was cross-examined at length by Mr Burnard as to the treatment he had received.

Mrs. Patu Tamatea, a daughter of the plaintiff, corroborated evidence given by the plaintiff that after discharge he remained in town for treatment. He had no money to remainyw town, and witness urged him tp"Ct>rne home, on the he would travel to town fj-orn Patutahi if required. Witness used to massage his hand for him. (Proceeding)