CARTER WHO INJURED HIS SHOULDER

Sun (Auckland), Volume 1, Issue 93, 11 July 1927, Page 12

CARTER WHO INJURED HIS SHOULDER

CLAIM FOR COMPENSATION When moving heavy packages in the course of his employment as a carrier, in June. 1926, S. F. Cann fell and injured his shoulder. In the Arbitration Court to-day he proceeded against A. B. Wrisrht and Sons, Ltd., carriers, Auckland. for whom he had worked for 20 years, for compensation under the Workers’ Compensation Act for a permanent partial disablement which, he said, was due to this injury. His Honour Mr. Justice Frazer presided and associated with him as assessors for workers and employees respectively were Messrs. A. L. Monteith and W. Scott. Mr. T. N. Holmden appeared for the claimant and Mr. F. L. G. West for the defence. For the claim it was stated that Cann had afterwards been employed on light work by the company at £4 Cs a week —the wage he had been getting before the accident. He had not been given any heavy work. From January, 1927, Cann thought he could do heavy work and took employment with the Northern Roller Mills. Counsel for Cann said that before his client had left Wrights one of the directors told him that if he found the work too heavy to come back and he would be given light work. The Roller Mills job lasted one week owing to weakness in his shoulder, but on asking Wrights for work again he was told there was no vacancy. Hr. A. Kinder, a medical witness for the defence, said that when he examined Cann he found him suffering from chronic arthritis of the right shoulder due to the accident he had suffered some months before. Recovery, he considered, would be very delayed. Mr. K. Mc-Kenzie, surgeon, also gave evidence for the claimant. For the defence it was claimed that the statutory limitation that action must be begun within six months disposed of the case. The defence had not shown that there was an agreement on the firm’s part to put Cann on light work. He had gone back to his usual work. There was no disability at present. Hr. A. M. Grant gave' evidence in support that there was no disability. Under cross-examination he admitted that Cann could not put his hand above his head, but that was a functional disorder. He could hold his hand above his head if it were put there for him and he suggested tltat if he got the idea out of his head that his arm was injured he would be able to use it. Hr. W. McCaw, for the claimant, gave evidence that at Cann’s age the injury was more likely to grow worse rather than better. Mr. W. H. Wright, a director of A. B. Wright and Sons, Ltd., gave evidence that Cann had done his usual work when he came back after treatment for the injury to his shoulder. The work he was employed on was light work. (Proceeding.)