FRACTURED SKULL

Dominion, Volume 11, Issue 31, 31 October 1917, Page 7

FRACTURED SKULL

CLAIM FOR COMPENSATION

SUM OF £180 AWARDED

Mr. Justice Stringer presided at the

Arbitration Court yesterday, and with ' him on the Bench were Mr. W. Scott (employers' representative) and Mr. J. A. M'Cullough (workers' representative), and heard a claim for compensation. Carl.Walter Callaway, carpenter, f>.r whom Mr. P. J. O'Eegan appeared, proceeded against Albert August Eennor, building contraotor, represented by Mr. A.. W. Blair, .for compensation in respect to injuries received on March 1, 1917. In the .etatement of claim it was set out that when the accident occurred plaintiff was employed by the defendant in assisting to erect a building at New Plymouth.'. While reaching for a. heavy beam which was being handed down to him (plaintiff) from the upper part of the building, he was struck by the same, and, losing his balance, .fell against a mass of concrete, thereby sustaining injuries to the head, , in consequence of which he had since been disabled, and was advised thnt he would be more or less permanently disabled. His average : weekly earnings, calculated in accord- ' ance with the provisions of the Workers'. ; Compensation Act, were not jess than £i

■ 125., Tend since the accident he had been paid weekly compensation at the ..rate of £2 6s. The plaintiff -claimed such amount by way of lump sum as might be reasonable, .together with costs. The statement for the defence admitted all the allegations except that the plaintiff had since been totally disabled and that he would be more or less permanently: disabled-. Mr: O.'Begari explained the nature of the accident, and stated that Callaway. hnd fractured his skull. As the result of the accident he had suffered from epileptic fits • about every ten ' days. Mt. O'Eegan contended that the best way to ensure his recovery would' bo to award him a lump sum by way of compensation. The plaintiff said that ho was 35 years of. age. Prior to the accident hie 1 health was. normal,- but since the acoident he was subject to epileptic eeizures. during the'night They never occurred during the day. He had these fits on an.average about twice a week. He had done no work- since the accident. In cross-examination he said he Lad learned ■ his business in California. Ho had- been in New Zealand about three years.. The medical evidence given by Dr. Faulke was to the effect that Callawa-y was now a confirmed epileptic. The general ■ tendency in such cases was to become worse. The man met-with the accident on March 1, and on March 26 he had a violent epileptic fit, and the opinion was that the epilepsy was the ■esult of the accident. In the man's lesperate condition he would be inclined :o raise the fracture. An operation night prove successful, but lie doubt■d it. DK H. L. Hughes-Steele said he wa9 summoned on the night of September 27 :o attend the plaintiff, who had had a it; he was in a semi-conscious condition. From what he was told at tho time witiess came to the /conclusion that (he nan was suffering from epileptic ieizures. Witness after seeing the man ;everal times expressed the opinion that ie was a. confirmed epileptic. It was inly 'natural to 'associate the epileptic its with the accident that the man suf'ered. The report- of Dr. Walker, of New Plymouth, on, the case was read by Mr. D'ftegan. . Mr. A. W. Blair, in opening,, said that ho plaintiff- was asking the Court to say n- effect that he was never going to reover, and' therefore that he should be 'aid a lump sum by way of compensaion. ■ . ■

Dr. Giesen, who was called for the defence, said that the plaintiff was suffering from nocturnal epilepsy, and it was only reasonable to suppose that he had suffered from snch epileptic seizures all his life. Even in his present condition he only knew that he had a'fit at nicat by the symptoms ho experienced the following day. The accident had no doubt aggravated the seizure. Albert August'R«nner, the defendant, said that Calta'ay was a good all-round man. He wa3 willing to re-employ the man, say, in his shop. , Mr. O'Regan said that if the plaintiff we're awaTded fuH'compensntion he would he entitled to half pay for 217 weeks. Tie had already paid M 6s. per'week for 34 weeks; that left 183 weeks, or, say. ,«2fl 18s. In urging that full compensation should be paid he cited the case of a seaman who suffered from epileptic seiznre3 as the result of an accident received by falling down the hold, and was awarded by thp Court full compensation. Mr. Blair said that to the extent that the man suffered from congenital epilepsy the defendant was not responsible, but thero -was no doubt that liability for the accident existed to the extent in which it aggravated the caee. The plaintiff was awarded .£IBO with costs.