WATERSIDER’S CLAIM FOR COMPENSATION: MISHAP IN SHIP’S HOLD

Wanganui Chronicle, 4 May 1949, Page 6

WATERSIDER’S CLAIM FOR COMPENSATION: MISHAP IN SHIP’S HOLD

The question of what compensation should bo awarded Stanley George Shaw, waterside worker, Wanganui, who received an injury to his right knee when working in a hatch of the m.v. Holmburn at Castlecliff on March 22. 1948. was argued before Mr. Justice Ongley at a sitting in Wanganui esteiday of the Compensation Court. Shaw claimed compensation under the Workers’ Compensation Act, 1922, from the owners of the vessel, Holm and Co.. Ltd., and after hearing evidence His Honour said it ap..Jared that plaintiff would be partially incapacitated for the next 12 months, and that in the meantime ho was lit for light work only. “The doctor says he is lit for light work, but- who is going to find him light work, and what is going to happen till then?” His Honour asked. “I could make an award to be ended, diminished, suspended or increased on application to the Court, but I want to be fair to this man." After hearing argument on the question of whether the company was obliged to find work for plaintiff. His Honour said that he'would adjourn the case till the Court sat in Wanganui again early in June. In the meantime counsel could submit submissions in writing on the legal points, and the compensation being paid to plaintiff would continue. Mr. C. 11. Arndt (Wellington’) appeared for plaintiff, and Mr. C. N Armstrong represented Holm and Co., Ltd. STATEMENT OF CLAIM. The statement of claim set out that on March 22, 1948, plaintiff was employed by the defendant company as a waterside worker at Castlecliff and was assisting with the discharge of the coastal motor-ship Holmburn. The statement added that while plaintiff was working in No. 3 hatch and walking near a stack of bagged cement, some of the bags fell and struck him on the right leg. He claimed that as a result of an injury received he was wholly incapacitated for work and would be so for some indefinite time to come. Plaintiff also claimed that he would always be partially incapacitated, and that at the time of the accident his weekly earnings, calculated in accordance with the Workers’ Compensation Act, 1922, were not less than £lO per week. He claimed compensation at the rate of £5 10s a week for temporary total incapacity from March 9, 1949, for such period as the incapacity continued, and compensation for permanent partial incapacity and loss of earnings resulting from it. PLAINTIFF’S EVIDENCE. Plaintiff said in evidence that about half a dozen bags of cement came down from the stack in the ship’s hold and some fell on him. His.knee began to stiffen and he reported the matter to the chief officer. Next morning, plaintiff added, he consulted a doctor and from that date went on compensation. Three weel«,s later he was sent to Dr. H. K. Christie for an operation and was in hospital on three occasions. Cross-examined by Mr. Armstrong, witness said that since the accident he had only worked at home under the instruction of Dr. Christie. He denied having an extensive market garden or selling any vegetables. He could potter about for an hour or two at a time, but that was all he had attempted. On January 20, last, Dr. Christie said that he was lit to return Io work, but he had not felt up to it. On January 25, another doctor in Wellington examined him and suggested that he could find light work. Mr Armstrong: Why did you not attempt to find light work then? Plaintiff: As I have said before, I did not feel up to it physically. Do you intend taking work as soon as this case is disposed of?—“No, I propose waiting till the weather is warmer. The winter has a bad effect on my leg.” Cross-examined further, plaintiff said he was still a member of the Waterside Workers’ Union. Mr. Armstrong: If you reported to the waterfront tomorrow you would get a job?—“lf I was fit to take it.” ~ If you were willing to take it?— “Yes.” ALL A GRADE MEN. William George Upton, secretary of the Wanganui branch of the New Zealand Waterside Workers’ Union, .said all the men at the port were A grade and able to take on any class of job. A B grade man received no guaranteed wage. Non-union men got very little work on the Wanganui waterfront. Mr. Armstrong: What light work is tthere on the wharves? Witness: There is no light work at all. Is it not a fact that at othe- ports there are jobs for B grade men?— ‘There are specialised jobs." No medical test applied on the waterfront and all the men were not necessarily fit, witness said. This concluded the case for plaintiff. INJURY DESCRIBED Dr. 11. L. Widdowson, medical superintendent at the Wanganui Hospital, said that he had had nearly 30 years of experience at orthopaedic work. He was familiar with plaintiff's case. The injury was moderately severe and consisted of a combination of sprain or torn ligaments and an injured cartilage, both on the inner side of. the right knee. There was a definite wastage half an inch in circumference in the right thigh. The main factor of disability was the wastage of the muscle in the thigh. If lhe muscle recovered, the knee would be strong again. The most important factor in accelerating the return to normal of this muscle was use of it. Mr. Armstrong: Do you think that if he started work, his knee would let him down or collapse under Ihut ? Witness: No. it would not collapse. It. is a stable knee. Witness said he had read lhe evi-