CLAIM FAILS

Evening Post, Volume CXXVII, Issue 117, 20 May 1939, Page 7

CLAIM FAILS

AN INJURED KNEE

Judgment for the Union Steam: Ship Company has been given by the Court of Arbitration in an action in which Robert Elliot Christian, a seaman, claimed compensation for an accident alleged to have taken place on, the Maunganui on August 27, 1937, when his left knee was injured. The accident was denied by the company, which pleaded want of notice, and raised the v defence that the. action was not-commenced within the prescribed time.

In the course of the judgment of the Court, Mr. Justice O'Regan states -that it was common ground thai Christian injured his left knee on the Poolta in January, 1934, and was paid compensation. Christian, in evidence, said he joined the Holmglen in March, 1935, and later the same knee was injured and he received compensation. He afterwards worked on the waterfront and served on the Monowai, the Awatea, and the Mauhganui. The evidence of Dr. Sinclair, medical officer on the Maunganui when the alleged accident occurred, was not available, but evidence was given by the chief officer, Mr. F. W. Gibson, who said he knew when the plaintiff joined the ship that he had - had a serious knee injury, as a result of which he walked with a noticeable limp. Christian was given light employment. He recalled Christian remarking that the bones of the left knee were grating and causing pain. It must be regarded as very significant, said his Honour, that Mr. Gibson made no report of the alleged accident to the company. Clearly, the strictest proof was required.in a case such as the present where the injury alleged to have taken place affected a part previously damaged. There was some evidence of accident and injury, but evidence did not necessarily establish proof, and the Court held that the evidence fell far short of proof that Christian suffered a third injury by accident to his left knee on August 27, 1937. Even if an accident and injury -were proved, there was no reasonable cause for the delay in taking proceedings. At the hearing, Mr. W. E. Leicester appeared for the plaintiff, arid Mr. C. G. White for the defendant.