ARBITRATION COURT.

Dominion, Volume 7, Issue 1900, 7 November 1913, Page 5

ARBITRATION COURT.

SEVERE INJURY

CLAIM ON UNION COMPANY.

Tho Arbitration Court, wliich resumed its sittings yesterday morning, Mr. Justice Sim presiding, and being associated with Messrs. W. Scott ana J. A. M'Cullough as assessors, had before it a easo in which an injured watersider, named John Pooch, of Wellington, sued tlio Union Steam Ship Company,, for compensation for an accident sustained whilst working on. s.s. Mapourika, at Wellington, on .Tune 3, as a result of which injuries, in tho opinion of tho medical witnesses, he was- eventually to lose tho sight of both eyes, and in all probability loso hia reason. Mr. J. P. O'Rcgan appeared for applicant, and Mr. P. Levi represented the defendant company. Mr. O'Rcgan, in. stating the facts, said that applicant was engaged on tho s.s Mapourika when some tackle gave

way, and a Clock struck him on the top of the head, causing serious injuries, and rendering him unconscious. He was removed to the Wellington Hospital, where he remained some time,' and though the wound' healed lie had got progressively worse, and his condition was hopeless. The medical evidence would snow that he was losing the vision of both eyes. The company had paid him £1 lis. 2d. a week since the accident, and lie asked for a lump sum to be handed over under the circumstances, .adding that applicant and his wife were getting into debt. Dr. FyfFe stated that applicant would lose hia vision in both eyes, that he would go mad eventually, that he had lost the sense of smell, that ho had become very moody, and that he forgot things.

Mr. Levi contended that it would be hotter for tho weekly payments to be continued, but .admitted the arguments advanced by the other side. ' Dr. Pigeon agreed with Dr. Fyffe's evidenco, adding that applicant was worse every time he saw him. Mr. O'llegan pointed out that in the event of a lump 6um being paid and death subsequently occurring the widow would be entitled to an amount as for death by accident.

An order was given for the payment of a small amount for applicant's immediate needs and the continuation of the weekly payments. At tho conclusion of the afternoon's sitting Mr. O'Regan mentioned the case again, and called Mrs. Pooch, who asked that a lump sum should be awarded so that she could take her liusbnnd to New South Wales, where her father lived.

It was agreed that £200 should. be paid down, the balance of about £195 to be paid to the Public Trustee. FALL OF A SLINC. CLAIM ON HARBOUR BOARD. On resuming in the afternoon, the Court considered a compensation claim by James Joseph Cronin, wharf labourer, Kilbirnie, against t'he Wellington Harbour Board. Mr. 11. Kennedy represented applicant, and Mr. M. Myers the defendant corporation. The claim was that on May 13, whilst applicant was in tho employ of the Harbour Board on Queen's Wharf a sling of hides,. weighing 7cwt., which was being lowered, fell on him as he was in a stooping position, and ho sustained injuries to his back,- spine, chest, neck, kidneys, and also other injuries. He was, as a result, totally and permanently incapacitated. Applicant's weekly earnings averaged' £3 2s. 4d., and since t'he accident' he had been paid £1 lis. 2d. weekly compensation. The defendent corporation denied liability for permanent and total incapacity, and therefore applicant claimed tho amount of compensation properly due. Mr. Kennedy said 1 that he only proposed to call medical evidence, as there was no dispute except as to quantum of compensation. Plaintiff was totally and permanently incapacitated. Drs. Mackin and Whyte described the injuries, and expressed the opinion that applicant would rot be able to do even clerical work.

Dr. Begg agreed, and added that- his symptoms would become aggravated, as no operation would cure liim. He could only suggest an operation to stop the pressure on the spine from getting worse, and let the patient choose. Mr. Myers: By wearing a plaster jacket he might do clerical work, but certainly not yet. He did not agree with the report of Dr. Woodhouse, who attended applicant.

Dr. Shand gave similar evidence, adding that-lie did not think ( applicant would benefit from an operation. Mr. Myers did not dispute that the 'accident was serious,' nor did he deny liability, but he thought the ease was one where it would bo as well to wait and see What happened.

His Hoijpiir: If there is not ah operation there seems little chance of him doing work of any kind. Mr. Kennedy added that Mrs. Cronin had been Very ill, that there wore five children, and that tlio family had run into debt. His Honour, in giving judgment, said that when there was any possibility of the claimant being benefited the Court kept the matter open, but it was clear in this case that there was no reasonable probability of benefit. The operation suggested was of such a character that tho Court ought not to say that claimant should undergo it. They therefore ruled that a lump sum should bo awarded as laid down by the Act.