HEART DISEASE

Hokitika Guardian, 10 May 1928, Page 1

HEART DISEASE

ARBTTRATION CODRT’S JUDGMENT. AUCKLAND, A lay 7. “To allow tills claim would be stretching to breaking point, the ruling of the English Court of Appeal in the recently-reported ‘Heart Disease’ case. Startling as it was, 1 should be very glad to see such a case as that taken to the House of Lords in order that a definite ruling might he obtained x» cover all compensation claims in inspect of so-called accidents arising, from the disease.” These remarks were made by Air Justice Frazer in tho Arbitration Court in giving judgment in the case in which a saddler. Edward Richard Biincoe (Air Jacob), claimed compensation from J. AA isoman and Sons, Ltd (Air Sellar), on the grounds that haemorrhage of the lungs, which he developed, arose out of. and in the course of, his employment, and constituted an accident within the meaning of the Workers’ Compensation Act. The sum of 2,0 was claimed covering the period from December 6tU. 1927, when plaintiff became ill until April 30th, 1928, and further compensation at the rate of £3 0s 8d a week, the claim stating that

plaintiff was likely to he totally incapacitated for an Indefinite period. Li evidence, plaintiff said that when the trouble developed he was working at high pressure. When he experienced similar symptoms some five years previously he was told lie had weakness of the lungs, but did not know until recently that he was suffering from tuberculosis. He had played tennis regularly up to two days before his illness. After hearing the medical evidence his Honour said tlie Court was satisfied the haemorrhage was in itself but a symptom of the disease, as the defence claimed. Its manifestation, althpnght it might have been accelerated by the fact that plaintiff failed through ignorance; of the nature of his complaint to take the' resting

trout imp lit now generally proscribed, could not be attributed to any one form of activity more than another. In that respect the case differed from the much-discussed English case, Macfarlane versus Hutton, in which it had been held that the cumulative effects of heavy work upon a man suffering from heart disease, culminating in his collapse, entitle'd him to compensation from his employers. His Honour thereupon entered judgment for defendants. In asking that leave be reserved to apply for costs, .Mr Sellar said that had judgment been delivered otherwise an entirely new aspect of" the interpretation of the "Workers’ Compensation Act- would have been raised. “1 quite agree,” said liis Honour, granting the application.