COURT OF ARBITRATION

Hokitika Guardian, 17 March 1925, Page 3

COURT OF ARBITRATION

WESTLAND INDUSTRIAL DISTRICT SITTING AT HOKITIKA. •MONDAY, MARCH lGtli, 1925. (Before His Honour Judge Frazer, and .Messrs W. Scott and H. Hunter, members.) AFTERNOON SITTING. The Court sat at 2.15 p.nt. SAWMILL FATALITY CLAIM. Elsie .McEadyen v. -Messrs Gillooly and Brown, claim for 1'750 compensation in respect to the death hy accident of the plaintiff's husband William McEadyen on 30th June, 1921, at sawmill, Kanieri Forks.

After hearing Sergt. King, the Court made an order for the payment of the award in the case of Elsie McEadyen, to the plaintiff. The funeral expenses were fixed at £2l Os (id. SLUICING CLAIM ACCIDENT. Arthur Clifton v. Kimu Sluicing Co.; claim for £750 damages, in respect to an accident met with hy plaintiff at Rimu on 17tli July. 1921. Air Elcook for plaintiff, Mr Cooke for the defendant. Mr -Murdoch watched the ease on behalf of other parties interested.

Mr Cooke said the defence admitted all the facts, the only question being that of medical evidence as to the disability of plaintiff. The facts of the accident were admitted.

Arthur Clifton deposed he was a miner of Kinm and plaintiff. Had been working for the company about four years before the accident. Lost no time except for a slight accident. Was able to do his work ami had no eom--1 hunts. Rail not suffered from any heart trouble previous to the accident. At the time of the accident the boxes were half full of water and debris filled up the rest of the Imx. As a result of being carried down the tail race. he had his head cut and icceived various injuries. Was in hospital for some weeks and attended the doctor for two months. Suffered constantly in the head. If he stooped it c-uused a pain in his head. Sometimes it came on when lying in lied. His shoulder troubled him. He could not lift any weight. Alter any exertion, or walking his haik became painful ami he had to stop. He could not stand long without getting tired. His left hip was much better, and did not trouble him much. His hands wise better than they were, hut he could not stand any weight on the points of the lingers. He could not use an axe or a pick owing to the jar. Since the accident he was very shortwinded. lie did not know if it were his heart or not. Ally exertion or excitement affected him. He was 66 years of age. Dr Bait'd had attended witness all the time. He was examined by Dr Teichelmann a low days ago. He did not, ask him to hop about before doing so. Dr Gieson. at Wellington, did not either. Was not lit to do any work at present. To Mr Cooke llis head began to go! had again over a month ago. ft was l-obii'e the action was < ommenced. He had told the doctor that there was some improvement. He had not the slightest idea when he would lie able to wort; jo'.dn

Dr .1. I>nn o Baird filin' evidence Unit lie hud attended t lilton since the acciili'iit. lie first saw him lying <lll a mass (it boulders, very ciild and white, siilfering from slmck, and from a largo wound in the siaip in tin* frontal region. It was obvious there had keen considerable hemorrhage, lie was in much distress. At the hospital the seal]) wound was found to lie extensive, with sand and stones ground into the seal'e. The mail was dazed. comphiining of headache, hut net unconscious. The other injuries comprised severe laceration of the hands, the joints lining severely strained. The external signs lasted for many weeks. There was a severe contusion and sprain of the left Idp. lie complailied of great pain ill the right .shoulder and was very sensitive to movement, lie suffered lrmn severe shock, which was prolonged. IFe was so knocked out that they could mil give him an anaesthetic to clean the wound. It was leit wide open and an attempt was made to sterilize it. It went badly septic and the whole area bad to be drained by local excisions. During all the time he was in hospital and ever lince he has complained of breathlessness on slight exertion, hor several weeks the nurses had to subject him to the very least exertion because of this. The present condition of the man is that there is a rcsidueut stiffness in till* left hip. and hack and fitureis. -Ml these were the sites ol undoubted tearing of tissue. There is no doubt improvement has occurred in all of them. At the same time the tissues of a man of (i(> are very slow to repair, cud repair is always imperfect. At the present time the condition of these joints would in itself render him unfit to 'work, and in his (witness) opinion on that score alone he will never he aide to do the work he used to do. The real reason of him being permanently unlit to work is the condition of bis heart, which is greatly enlarged, lie was prepared to admit that the man's heart was not normal before the accident but it was sufficiently good to al- | low him to do a day’s work without distress. His tolerance of exertion was now practically nil. He eon Id not possible do a day's work at the present time. Witness contended that the accident had brought- him into this position. The injury was caused by the intciice strain going down the tailrnee that might easily have killed him. It was incredible that without an aeci,lcnl his heait would he in the same condition that it is now. There was no prospect of his heart improving enough to enable him to do any work, nor of his other injuries improving sufficiently either. ’l'o Mr Cooke— Kxertion might affect the head, though the wound had healed. A small proportion of the trouble was due to neurestheniia. He could do work that called on practically no oxer-

non. To Mr Ebook Clifton was always anxious to get back to work. Dr E. Teicbelmann deposed that lie lmd'examined Clifton last Thursday. Found a- nasty scar on the skull ; bis knuckles were stiff, from long want ot use ami superficial skin injury. Found l,i. s ,-ulse regular. His heart was largo, a workingman’s heart. Found he was stiff ill stooping, blit doing the latter ,}j,l not iucrer-se the pulse. Was shortpi, of breath, but as lie had not been working looked on that as only natural. He seemed mentally depressed and said he had gained in weight since leaving the hospital. He bad suffered from -evere shock and injuries but he expected he would he able to work again in about a year from the time of the accident. , Witness wan examined at considerable length as to his examination of plaintiff'. It was quite possible that the head injury involving the hone, should leave some after effects, such as 1 headaches, not necessarily permanent His Honour asked, in view ot the difference of opinion by the two medical witnesses, whether it would not be possible to have a joint inspection when an I agreed on test could be made as to the condition of plaintiff. Tins was agreed to. and the medical men and plaintiff withdrew into an adjoining room, when the examination took place. .. Dr T'eichelmnnn re-examined, said at present the heart was not a good work\m t!is ftfW. Will* «

This wilt improve. The increase in size alone would not prevent it being a good heart. The Court adjourned the hearing to Wellington on 23rd March, when tho evidence of Dr Gie.son will he taken. This concluded the .settings.