ARBITRATION COURT

Evening Star, Issue 19788, 11 February 1928, Page 6

ARBITRATION COURT

A COMPENSATION SITTING Another compensation case came before the Arbitration Court this morning, John Kelly (Mr J. 13. Ca’llan) putting in a claim for compensation against (he Jubilee Coal Company (Mr W, G. Hay). Mr Justice Frazer was the president. The facts set out in the statement of claim were that plaintiff, who was employed by defendant company, had In's pelvis fractured on February 3. At the date of the accident' the average weekly earnings of plaintiff were Co 13s a week. As a result of the mishap plaintiff' bad been, and still was, totally incapacitated as regards work, and would be permanently debarred from following bis occupation of a miner.

Mr Callan said the plaintiff was a miner. The accident occurred on February 3, 1926, the thigh being injured. The statement of the other side that the average weekly earnings were £5 13s was accepted as correct. The only question now at issue seemed to bo the extent of the man’s incapacity. Mr Hay said that Kelly was examined by Hr Marshall Macdonald in May of last year, and at that time the doctor advised that he was a case of neurasthenia. That was the basis of the ease on bis-side. His Honor: “All physical disability had disappeared?” Mr Hay: “Yes. The doctor suggested wo should wait for three months.” , . His Honor: “ That is the usual thing.” Mr Callan said his side was advised by Dr Batchelor, who examined Kelly in September, that the thigh was then healed, but that the ligaments ami muscles wore torn, and that lie had a permanent disability. One side was lower than the other, and there was a limitation of movement. ’I here was a definite opinion that it was impossible for Kelly even, to work as a coal miner again. Counsel thought that for some time past Kelly was capable of some physical exertion. That would moan the obtaining of light work, which it was difficult to procure. His Honor; “Very often the trouble is to separate neurasthenia from any physical incapacity.” John Kelly, in giving his evidence, said ho was thirty-two years of age, and had been employed as a miner since lie was thirteen years of age. Tic had never had any other trade. He was married and had throe children. His injury was to the left pelvis, and as a result of it he had been two months in Dunedin Hospital. After that lie had two months in his own homo with monthly visits to the hospital, Mr Bromner, the proprietor of the mine, taking him there in his motor car. He was able to walk about some eighteen months after the accident, but was not yet fit to do work, although he had persisted in his efforts to put/ in a little work in his garden each day. The periodical payments nl insurance money had ceased since last September, although he got some benefits from the friendly society, from which lie now got 5s a week. Ho had' never been made any offer of light work, and he did not feel fit enough to look for u Dr F C. Batchelor said plaintiff was under his care in the hospital, and he went out as a stretcher case. Ho had examined plaintiff again one daylast week. Tho injury, which was a fracture of the pelvis hone, was a serious one; the fracture, although healed up, had left a permanent deformity of the pelvis which would prevent his following up tho occupation of mining. He would be permanently disabled from carrying on any work winch included bending, but in due course he ought to bo able to do sojne work like that of a storeman. There was a neurasthenic element in his case, as was usual in most instances, and plaintiff was inclined to think he was worse than lie really was, although he was quite honest about it. In another three months ho should bo (it for light manual work. His wage, earning capacity would be lowered by 15 to 20 per cent. To Mr Hay: “ Plaintiff’s nay to test himself was to get to work.” Mr Hay, in opening the case for the defence, said it was claimed that (be man’s real trouble was neurasthenia. They wanted to do the lair thing by the man. Dr Marshall Macdonald said he examined Kelly in May of last year and in January of this year. Witness described the. result of bis examinations, and said his impression was that (lie man was brooding over the accident, and had a fear and persistent drear) that lie might not lie able to work, and might not receive sufficient •■compensation. That had given him the obsession that he was a chronic invalid when he was not. His_ chief physical disability was a distortion of the contraction ol the muscles round the hip. Witness could find no physical disability which would incapacitate Ibo man. He did not say Kelly was fit to resume bis work as a. eoal miner in his present state of mind. To Mr Callan: Ho thought the man was honest. Pi vide nee was also given by James Renfrew White, surgeon, who dei scribed the result of examinations, and said he thought the cause of the disability was psychical, not physical. _ He thought that‘after a period of light work, gradually increasing in seventy, Kelly ought *o be fit in throe months ( for his full work. Evidence was also given by Mr A. P. Brernner, manager of the eoal companv. . , His Honor intimated that it seemed necessarv to call in a medical leferee. Tt was agreed that counsel should arrange for a medical referee, and the case was adjourned.