A BICYCLE RIDE.

Waimate Daily Advertiser, Volume XXIII, 5 February 1923, Page 6

A BICYCLE RIDE.

DID IT CAUSE HEART STRAIN? WAIMATE P. & T. MESSENGER’S CLAIM. A claim for compensation on account of 'injuries received while taking a telegram to Waituna on December 7, 1921, was made against the P and T. Department before the Arbitration Court at Timaru by Henry Charles Jackson, one time a telegraph messenger in the Waimato Post Office. Messrs S. I. Fitch (Waimate) and W D. Campbell appeared for the Plaintiff, and Mr J. W. White for the Department. Mr Fitch stated that in October, 1921, Jackson had to leave work owing to an attack of the ’flu, which affected his heart. From time to time Dr. Pitts gave a certfleate stating that he was unable to work. The last certificate he gave exempted Jackson from work until December 8. Then the postmaster approached Mrs Jack son and asked her if the boy could resume before December 8, and she agreed provided he was given only light work to do. Jackson resumed on December 5, and on that date and on the next day he received fairly light work. On December 7, however, ihe was gven a telegram to deliver to a Mrs Anderson, at Waituna, about 3J miles away —nearly seven miles there and back. The journey was made on a bicycle. Several .hills had to be travelled over, and the day was very warm, there being a hot nor’-wester blowing. The journey would have been a fairly strenuous one for a healthy person, and naturally it was too much for Jackson, who arrived back in a “groggy” state. The follow ing morning he fainted on gettng out of bed, Dr. Pitts was called in and found that the plaintiff’s heart had beep very seriously strained. The Department would say that the time it took Jackson to do the journey was 31 minutes, but it was manifest that it would take a ‘‘crack” longer than that. This was what the Department described to the Court as “serious and wilful misconduct.” Such was the offence committed by a boy who hurried with a telegram, which was supposed to be delivered with all possible speed! Since the experience on the day in question Jackson had been unable to do work of any kind, but he still was on the staff of the Department. He had been idle for a period of twelve months. There had been a certain amount of correspondence between the Department and Mrs Jackson. Ultimately she went to Mr J. Bitchener, M.P., who brought the matter before the Postmaster-General. His reply’ and the other correspondence would be handed in. The plaintiff gave evidence on the lines of his solictor’s statement. The head messenger in the Post Office refused to take the wire in question, and then witness took it into Mr Wilson, who told him to take the wire out as he would be doing nothnig .else until 5 o’clock. Questioned with regard to the sign ing of the sheet showing who took out the wires, witness said he did not sign it in connection with the wire in question. His initials were on the sheet, but he Sid not put them there. When he arrived back after taking out the wire he felt “pretty crook.’ J Mr White: Did you put three telegrams down to Carr (the head messenger) and said: “You take two and 11l take the Waituna one?”— X dcscrik,d •*

Mr White: You didn’t put our initials to the time sheep? —No Then the signature is a forgery?— It must be y '

t SS Said he did not telbng his mother that he raced on a W Vi n December 5 . 6, and 7. -Mr White questioned witness for some time as to whether he had done any work smee the injury. He denied, having done anything o f a strenuous nature. S 01 a as^mf’h 6 ’ P 1W j Stated that the ’flu as had happened in many cases hid affected plaintiff’s hear £ been gradually recovering. WitneS To Mr Wte; He gave Scate in ATarch IQ9O fi + ■ tiff was wt T' that the owing to a L m ° r territorial from S weaknX rfthfT he also gave a Xq al '-' In 1922 the reason given h but as a result of the tr ? uble consider if n °t strain fimm XT ° l refert ° the Postmaster at WaimS The December 8 what ® ° n

The plaintiff’s mother also gave evidence. In stating to the Department that her son only raced on a bicycle on December 5,6, and 7, witness was referring to the work that the plaintiff had to do for the Department on those days. • The plaintiff’s father gave evidence with regard to the work his son had done for him. All of it was of, a light nature. Mr White stated that the Department’s defence was that the injury was not a result of the bicycle ride but that it was caused by a trouble that existed previously. It 'was strange that Dr Pitte had not mentioned anything about the bicycle ride when he made out the certificate for exemption from drill. If the injury was due to the ride,, then counsel would say. that the boy had acted wrongly and in disobedience to an instruction to take the ride easy. Dr Pitts had not cautioned the boy against bicycle riding, and had not told Mr Young that there would be any danger in it. He could not see how they could believe that the initials in the- telegram time book had been forged. P. A. Young (Postmaster at Waimate') stated that when the plaintiff resumed work in December he told him’to be careful and nut get wet. On December 7 plaintiff worked till about 5.15 p.m. Witness told the senior clerk (Wilson) to see that Jackson took his work easy. After December 7, witness saw plaintiff on a bicycle with uniform trousers on. Dr Hayes (Waimate) said that from what he had heard he would saj' that plaintiff was suffering from toxic conditions of the heart, and that the ride on December 7, aggravated the trouble. It would have taken anyone in fair health nearly an hour to do the journey in question.

Previously his Honour had noticed that Jackson had delivered wires after returning from the long trip. In view of this and the fact that he did not take seriously ill until the following morning, his Honour asked Dr Hayes if he thought a person suffering from toxic conditions of the heart would collapse immediately after such a strain as had been mentioned.

Dr Hayes replied that although this generally happened, it did not necessarily follow’ that it would occur in all cases.

Wm. Wilson, senior postal clerk in the Waimate Post Office, stated that on December 7, the plaintiff came to him with the telegram. Witness told him to deliver it, and take the journey easy. Jackson did not say he was unable to do the trip, and witness had not been told that bicycle riding would be injurious to him. F. C. Carr, head messenger, stated that Jackson told him that he would take the wire in question, and that witness could deliver the other two. H. E. Beach, postman, gave evidence that one day in January, 1922, he saw Jackson racing on a bicycle w’ith some other boys. To Mr Fitch: The boys were in the centre of the town and were not going very fast. A considerable time was spent in hearing the address of Mr White, After Mr Campbell had briefly replied, a short adjournment was made to allow the Court to consider the points of law that had been raised. In giving a verbal judgment his Honor said that the origin of the trouble was influenza. The plaintiff had suffered from this complaint for two months before the bicycle ride. As a result of the ’flu he developed what was known as a toxic heart — that was, his heart was affected by poison from the influenza infection. This made him more susceptible to strain. The evidence of Dr Pitts and the Postmaster went to show that it was not specially mentioned that bicycle riding would be injurious to him. The Postmaster appeared to be kindly disposed to the bov, and understood that he should not be called upon to lift any mail hampers or parcel bags. Mr Young gave instructions that the boy should only be given light work, and it was evident that he was not given a grtat deal of work to do. Mr Wilson, the chief postal clerk, was in the same position as the Postmaster, not being aware that bicycle riding would hurt the boy. It was clear that there was no reason why the boy should hurry on the journed in question. The only evidence that he had done so was the telegram tune sheet, which was kept in a perfunctory manner. It was shown that the boy left at 3.30 p.m. and was back at It was evident from the latter figures that an alteration had been made. Jaekkson had denied initial ling the time, but the Court did not think there was a great deal in this. The evidence for the defence had

shown that the boy had not done the journey in 31 minutes, as Canhad stated that he returned from! delivering a wire at 4.13, and then went into the mail room, where he was when Jackson came back. Even if the Court came to the conclusion that the boy had rushed the journey, it could not be said that this was serious and wilful misconduct. It would be due to excessive zeal, and would not be an error of judgment unless Jackson knew that it would impair Ips health. > Thl main question was whether the capacity was due to or aggravated by an .accident that befel him while doing his work. That had to be decided by the medical evidence, and both doctors had agreed that the trouble had been aggravated by the bicycle ride. A number of cases had been cited to explain that the plaintiff had* not discharged the onus to show that the incapacity was due to the carrying out of his duties. The medical evidence, however, w-as quite clear on this point. His Honour considered that the Department was justified in resisting the claim for two reasons:* (1) The certificates given by Dr Pitts after the accident were misleading. He said that without reflecting oh Dr Pitts. He had explained what he meant, but the ex-, planation did not appear on the certificates, and it was reasonable for the Department to conclude that the boy was still suffering from the effects of influenza. It was not aware that his trouble had been aggravated by strain. Dr Pitts had given his evidence frankly and the Court accepted his explanation unreservedly; (2) Mrs Jackson had stated to the Department that the boy had raced on his bicycle on December 5, 6 and 7. She had given an explanation to the Court anjl it was now quite clear what she meant. She was trying to pe witty or sarcastic, and somebody misunderstood her. As for the possibility of the boy having raced at other times, flip evidence was very mild. The -postman had said he had seen him and some other boys racing in the main street of Waimate; but no one in his senses would suggest that a short sprint on a lev'll road in the heart of a town would ptit such a strain on a boy as a gruelling ride over a hilly road on a hot day. In view of the facts stated the Court had decided that Jackson was entitled to compensation. It had been agreed to treat him as totally incapacitated from December 8, 1921, to January 31, 1922, and for that period he would get 55 per cent of his salary (£72). Twelve months had been decided upon as the period of partial incapacity—from February 1, 1922, to January 31, 1923. ‘For this time the plaintiff would receive 7s a week. The Court considered that he could now earn as much in a suitable position as if he were’ working for the Department. The costs had been fixed at £l3 13s and £1 for medical expenses. The witnesses’ expenses would not be assessed at present, but the Registrar would attend to them. Mr White pointed _out that if the Department had succeeded it could not have recovered expenses owing to Jaekskon being a minor. In view of this and the fact that his Honor had said the Department was justified in resisting the claim, counsel did not think that costs should be allowed. ... His Honor stated that Jfe certainly did not mean that the Department had such justification that it should not bear the costs. devious to the Court giving its decision Mr White asked that if any compensaton were granted the Court, should take into consideration the Public Expenditure Adjustment Act S ao' edu “ d

His Honour replied that the Coinfor iho i o on the wages tor the 12 months previous to an accident. Unless there was some special provision in the P.E.A Act it could not annlv fa ’ acr 11 case. < y compensation