COMPENSATION CASE

Hokitika Guardian, 2 July 1930, Page 3

COMPENSATION CASE

LORRY-DRIVER’S INJ DRY

WELLINGTON, Juno 30.

Several questions difficult to determine were -involved in a claim ; foi compensation made in the Arbitration Court to-day by Albert James Hamilton, a driver, against the New Zealand Express Co., Limited. The statement of claim set out that as a result of- an- accident while he was in charge of a horse-drawn lorry belonging-to the defendant coni pa ny,. Hamilton had -his left leg* ulcerated-.-Aii ulcerated area developed .over .the site of an old compound fracture, and the lower part -of the leg / . .became cyanotic and varicose. The plaintiff had been incapacitated since the date of-'the accident, July, 1929, and had been advised tliac his disablement would continue for some time. He was receiving compeiisaton of £3 4s weekly from the Express Company. The statement of defence contended that the plaintiff had recovered from the; effects of the injury, and was now in no- way incapacitated as a, result of the accident. Medical opinions, ‘regarding- the ■ state of • the leg and the fitness of the plaintiff for work formed the greater part of the evidence, and there was a decided conflict in the views of the doctors. Mr Justice Frazer, referring to the differences of opinion, said it appeared to him that the varicose condition about the ulcer had been aggravated by . the first accident, and further aggravated by the second accident. The real ..conflict in the medical opinions seemed, to bp over, the question ..pf the , class of-work, plaintiff .was fitted to do. There was an extraordinary conflict, as the, ulcer had been slow in healing hitherto. He thought it reasonable to allow a further period of two months for treatment father than by the shorter period suggested by the •witnesses, %,, tbe defence. There were other questions to be considered also, and His Honour said lie thought lie should make a fairly liberal allowance on the question 1 of tiic leg giving trouble at intervals. Judgment was given lor the plaintiff for full compensation to date, and for a further eight weeks, and compensation at the rate of lo P CI cent, in view of the possibility of the leg causing trouble at intervals.