WHAT IS AN ACCIDENT?

Dominion, Volume 1, Issue 158, 28 March 1908, Page 13

WHAT IS AN ACCIDENT?

STRAIN CAUSES SYNCOPE. COJIPENSATION AWARDED. j ■Tho'. Arbitration,Court,yesterday. deHvered reserved judgmont in tho case in which CJathormo Wluteford-claimed compensation from ,tho'Crowh .iri respect of tho death, of liel; husband, who was employed as a labourer by the Post, and Telegraph. Department, and who died suddenly on September 2 whilo at work (it Mirimaf. The quest-ion 'lit issuo was whother death was duo to an "accident' witiiih'the'moaninij. of .the Act.'. , The Coiirt stated, that' the work in which deceasod was engaged at -the time was .thatof boring a hole, in an iroiibark telcphono pbst.: The. post had ..bebh/erected,.;'andl.decoased was working at a height: of about 17ft.from tho ground. Ho was staildihg oh a ladder,; and his body 'was supported by a rope, which was. fastened to ' the post and passed round his waist. . Deceased. had, been engaged, on this kind of'.work.-for. thi'6e;or four days,; and. on -the day in nuosUon ihe-had-bebii working in tho forenbon, arid;.had 1 resumed; work- '-in: the; afternoon' afte?. having . had^.hiS;; midday 1 lineal;-After: he had .bbeu'' worlnrfg 'for' about ten minutes, his .mate, who .was standing at tho foot of the; liiddor,' 1 noticed;'that there was something wrong with, decehsfcd, 'who appeared to have collapsed. 'He obtained assistance, and deceased was .taken, down and conveyed to- tho' Hbspital, when it -was found; that ho. was dead.' - A post-mortem.oxaminatibn-was made by Dr Fylle,;.wlio' found: that deceased had boon siiffenng.-;frbm athero'mh,- a disease of . tho. valves' of '■ the aorta, : and death,; in-his opinion, was synbope . following on aortic regurgitation; '. ■ • ■■■--.' ■ . ' Dr" Fvire, who was called on.behalf of the claimant, had agreod- with Dr.; James valid Dr. Mackenzie,-who were called oh behalf of tho respondent,; in rs'aying that .in cases .of valvular diseaso 'of the llciirt;;'death might happen at any moment, and in any -circumstances,- but .was .more likely to' oecur .wheri there was any'additional obstruction t-o the circulation- Dr. Fyli'e ssiicl thnt- the case was riot one bf. very,- advanced' htherbiiia, and' that it must 'have required a pretty severe Strain! to'have-caused .the death of the deceased- ' Tho ..evidence called on behalf of the claimant, ;continued 'the Court;' showed that dec&'ted-had been able to go about his work in the; btdiridfy way, and ; tliat he had hiit : complained at aiiy time about tho condition of his health.' His hdriie was on a hill, arid'he; iVal'iri'.the habit) while going to and front, his house, •of walking iip_ and down ■ 150 stopkitwice; arid' Sometimes.four-times, every day; - without any appafeht di'streiS.-, At the time when- death -took place, the! rop'oj; which was round >'deceased's' waist; ;would _ ten'd, as Dr- said, to impede • the circulation aiid. tb.thrbw a greater burden oh t-ho-heart. He had just Tesim'ied w'prk'after having had ■'hi« -.iiiiiMny '.mtfil; -a' oiyinfastantee'- which also made it riiorb likely for tho-exertion of - the work to produce", regurgitationv'- ,-It • was .coritonded,' on behalf of the respondents, that, as 'the/coriciitioii. of deceased's heai't . was .Such that.'death might have!-happened at any!moment, "his death 1 in the circumstances w : a's not due to any injury by accidciit. Tho Cburt -held' that thij case was. indis!tirigui^hablb'from that of- Gibbs v. Thompson (10 Gaz. - L;R.' 150),. decidecl byv it last, year. The nyqrd. accident" .as||iised in l the Act. was to : be - construed in'.ite-'popiilarand or-, dinary ' sense, and meant , a mishap or- un- , to ward, GVGn t; It' secmed'clear that ,itv.'as ii mishap or untowarcl ovont'that tho strain of .tho'\work' in which; decn-ased .was>ngaged; should ; ]to such an! extent as to cause syiicbpo. . That event happoned in the course, of ithe employment, arid arose' directly 'out ofyt f • and .the /: casethus '•■ came;"within'.the words 'of the statute.'; 'If/ the: respondents •had established '-that' tho condition iof deceased was : such ,' ; that, : ;- in. any,'!/eveiit)!;the! regurgitation, would havo taken' place at or about the timo| when death occurred; and that tho strain of tho: ;work ' in; which deceased :was engaged, ;had really nothing to. do; with - producing it; the position would havo, been different. That, ' however,- had r ribtVbeen- cstabljshod. : : It was n,ot certain that but for the exprtibii involved in the-work'in which lie was engaged deceased 'might hot'havb .lived for'some years. ' The. Cotirt'lifeld Ithat thb 'e'asoVcamo .within the tertais of the Act, arid that tho claimant was entitled' to compeiisitibri. The earnings , bf the'deceased wero £2 Bs. per. week during the period of his' felnploymont-.by tho: Post and Telegraph Department, and 'tho amount of- ;'tlie compensation- 'tb." ; wlrich claimant was entitied:was,£374. : .'-' It would make 'an!award' for that ' atnount, ■ to be, paid to the Public Trustee, to -bo invested .by him, and. the capital and income applied; asv ho should thilik,-proper,!'-for''; theiriairitenanbe ;-and; benefit bf tKe' 'claimant ;and, the three 6hil-. drbn of : the, decoased'named; in tho applica!tion,::';.wlth :ledve /to 'the''Piiblic' Trustee ';to apply ex parte to the Court for advico and directions. '

Claimant would be allowed costs, £10 10s., with'disbursements and witnesses' expenses to bo fixed by ; the.Clerk of Awards.' : Mr. O'Regan appeared on behalf of tho claimant; and Mr. Myers for the Crown.