WORKERS’ INJURIES.

Star (Christchurch), Volume LXIV, Issue 935, 4 December 1933, Page 9

WORKERS’ INJURIES.

Arbitration Court Claim for Compensation. A claim for compensation by Charles Daniel Murphy, of Wellington, against A. H. Turnbull and Co., Ltd., was heard in the Arbitration Court this morning. On the Bench were Mr Justice Frazer, Mr W. Cecil Prime (employers’ assessor) and Mr A. L. Monteith (employees’ assessor). Mr Mazengarb. of Wellington, appeared for the plaintiff and Mr Tracy represented defendant. The statement of claim set out that Murphy, on March 6, 1933, while at Lyttelton unloading drums of oil, slipped and injured his right foot, hip and hand. The statement of defence set out that Murphy had been paid compensation to April 10, 1933, but owing to his refusal to undergo an operation further payments had been refused under the provision of the Act which declared that payments might be stopped following an unreasonable refusal to have adequate surgical and medical treatment. Part of the evidence for plaintiff vras heard in Wellington. Drs P. S. Foster and M. G. Louisson, George Stanley Forbes, clerk, of the Standard Insurance Company, and Dr J. L. Will gave evidence. After the Court returned from consideration of the case, his Honor said that the short question was whether plaintiff was unreasonable in refusing to submit to surgical treatment that did not involve danger to his life and health, and whether plaintiff’s continued incapacity was due to an un--1 reasonable view. After hearing the evidence, the Court had not the slightest doubt that plaintiff could not be cured without an operation, which would be simple and almost certainly a success ; They could not say, however, that j plaintiff was unreasonable in refusing I to undergo an operation, after what several medical men had told him. Plaintiff was entitled to compensation for the time of his incapacity to date and for a further six weeks.