ARBITRATION COURT

Hokitika Guardian, 1 July 1932, Page 6

ARBITRATION COURT

CLAIM FOR COMPENSATION. ACCIDENT AT HOKITIKA. A case arising out of an accident while engaged by the Hokitika Harbour Board, was Heard by the Arbitration Court here to-day when Thomas James Furlong claimed from the Board (i) a weekly payment of £2/10/- a week tor the period or incapacity, from the date of the accident until the trial, less the amount paid and acknowledged by plaintiff; (2) such further compensation by way of lump ' sum as might be shown reasonable; (3) further or other relief as might in tne circumstearices be just; (4) and costs. , The ease was heard before Mr Justice Frazer, and Messrs W. Cecil Prime (employers’ representative), and A. L. jVlonteith (workers’ representative).

Plaintiff Avas represented by Mr J. A. Murdoch, and the defendant Board by Air Tracey. The statement of claim said that plaintiff was employed at tile flagstaff dismantling a platform, on July 30, 1931, and while so Avorking, accidehtally fell through into the river striking his head, whereby lie whs stunned, rendered incapable and suffered grievous bodly injury and shock. The Board bad admitted/ liability and bad paid compensation amounting to £36/13/4. Plaintiff and defendant had been unable ao agree upon -a lump sum in se.ttlment. His average weekly wages were not less than 12/6 per day.

The statement o! 1 the defence denied that it is unlikely that the plaintiff would ever be able to resume his former Occupation, and also that his average weekly Avages Avere not less than 12/6 per day. The Board admitted liability and had paid up to January. 6, 1932" the sum of £3B/6/8 in compensation and £1 medical expenses, and admitted that plaintiff was .entitled to compensation at the rate of £l/13/4 a week until May 4, 1932, being £2B/6/8, and that sum Avas brought in to Court together with a further sum of £192 0/1 being compensation for permanent disability as frpm May 4. The Board had also paid £2/12/6 into Court as costs. 1 ... Evidence by Plaintiff. Plaintiff said he had lived here practically all his life. He Avas injured last July Avliile working at the flagstaff on the sea side. He Avas walking along the platform when it collapsed. He Avent to the bottom of the Avater and struck his head on a stay pile. He was stunned 6ut the cold water brought him round. He Avas just able to struggle to the side but had to be helped ashore. His left hand was bleeding and was very swollen for a day. He Avas exhausted Avhen his mates pulled him oUt Immediately after the accident he Avas gasping for breath, and felt a; soreness ill over. He struck tlie pile when falling a distance of nine feet, with his head and back of the right shoulder. He had felt a pain in his shoulder Avhich he Avas still feeling to-day. At the time he had suffered from a slight internal haemhorrage.

Continuing, he said he Avas 61 years of age, and during the past 20 years had been engaged as hotel keeper for about foil*- years, after which he had been occupied at different stages as carpenter, mill hand, and hotelkeeper; at different places. He had taken, part in different sports in bis younger days and had represented the Coast at football. Tavo years prior to the accident be had entered in two faces at a sports meeting, and had felt no after effects. Plaintiff outlined the Avork be had been engaged in when the accident occurred, and said that there Avas no work his mates were doing that he was unable to do, and be Avas as good a man then as ever before. Since then be bad lost weight, and had spent restless niglits, Avhile he Avas subject to dizziness. At the request of the Insurance Company he visited Christchurch, to see a doctor and bad taken a dizzy turn in the street. He had been a member of the Druids Lodge for 28 years, but bad only one occasion :o see a doctor—about . tefi years ago Avhen his ribs Avere injured. In reply to the Bench, plaintiff demonstrated the restricted use* of his right arm, owing to pain, while to-day he still felt a grating feeling in the neck Avhen be turned bis bead. There was a dull ache about bis heart when lie exerted himself at all}. He had practically neA r er bad a day’s illness Avliile be bad been working.

In reply to' bis counsel be said that be bad nothing in the Avav of work since July.

Counsel for the defendant uiestionen plaintiff as to the position of the stay pile. He bad been engaged on relief work at the time, earning £2/10/- a week. Counsel closely quest! m d plaintiff as to bis bodily eompla. its sune the accident. Medical Evidence Heard. Dr. F. V. Bevan-BroAvn, in reply to counsel for plaintiff, said thftt- Furlong bad come to Christchurch last March, and he detailed the finding of bis examination. He examined him again yesterday, and was of the opinion that the movements on the shoulder were improved, Avliile the creakings in the head Avere disappearing. "Whether be Avould recover the full use of bis limbs, Avas extremely doubtful, although possible. An examination disclosed an enlargement of and diseases of the heart, Avhieh lie considered plaintiff bad bad for some time. Traces of bronchitis apparent before Avere now almost absent, but lie Avas suffering from nervousness or neurasthenia, of AA'liicli they were several signs. His opinion was that the accident bad led to an impaired cpndition of the Avorkings of the lm&rt,

and he did not think it Avould return to normal.

Mr Murdoch: What do you consider the total loss in the aggregate of his earning capacity.—From 75 to 80 pei cent. . <

Is plaintiff’s disability permanent?— Without an operation there Avould be a permanency in the shoulder, but he did not think it Avould be advisable to operate in plaintiff’s condition. His Honour: Taking the head and shoulder alone, wlial do you consider tlie loss then. —About '65 to 1 0 per cent. He thought he Avas suffering from mental shock Avliich was increased by his physical disability. Mr Monteith: Plaintiff never knew the present condition of his- heart ‘until the accident. —Yes, that is so. Witness said his neuristhenic condition would gradually improvp up to the next nine months. Mr Murdoch: .There Avas a trace of bronchial trouble in March last— Yes.

Mr Murdoch: Would you permit him to return to his old employment.—No, it is quite out of the question. Mr Tracey: Do you consider be is able to do relief Avork.—Well, he might do some very light work, but no heavy work. He did not think the injury to the head very serious. The physical injury, shock, and bronchial trouble had all had effect on the heart. Hj s neuresthenic condition Avas, in his opinion, due to the - shock, but was less marked down. He considered the result of the shock had been to hastedthe condition of his heart by five years. Mr Murdoch outlined the class of relief work in Hokitika Avhich, he said, Avas comprised of wheelbarrow Avork.

• Dr. Bevan-Brown said that plaintiff Avould not be able to undertake such work.

Dr. B. L. Wilson/Mid he examined plaintiff immediately, a|feri the accident, and he concurred .With Dr. BevanBrown’s evidence. He detailed his observance during the examination, and said that he kneAv of no light relief work that plaintiff could do in Hokitika. He thought that the computation of loss of earning capacity stated bv Dr. Bevan-BroAvn to be quite fair. Mrs Furlong, wife of plaintiff, said that he had always been ‘ more than ordinarily healthy, but since the accident lie Avas wholly changed, being unable to do any heavy Avork, and, Avas easily fatigued alter light Avoik. Joseph Campbell, bridge-builder, of Kanieri, said plaintiff had AA-orked with him for six months, during Avliich time the accident occurred, and gave evidence as to plaintiff’s fitness lor the'work he Avas engaged. On the day in question they jvere engaged in dismantling some decking Avhich Avas in a rotten state. Plaintiff came along j and trod on a plank Avhich gave way, before witness could Avarn him that it was dangerous. He saAV tlie whole accident occur and detailed the facts. M hen be Avas brought up, plaintiff Avas in a dazed condition, exhausted, and trembling like a leaf; Referring to relief works. Avitness said that it Avas really navvy work, for Avhich plaintiff was now unfit. 7 Daniel Grenney, a carpenter, said he had worked -with plaintiff for many years, on heavy Avork, for Avhich plaintil ay as well adapted, and which consisted of handling pretty heavy timber, but be had undergone a great change since then. Witness corroborated the evidence regarding relief Avork in Hokitika.

Richard Wild, secretary to the Harbour Board said that the sum of £3B 6/8 had ben paid in compensation, also £1 in medical fees. '

Dr. R. "H. Baxter said he examined plaintiff last March. He agreed with Dr Bevan-BroAvn up to a point. He thought it quite possible that there was no damage or injury to the shoulder joint, but that the pain was possibly due to the muscles about the joint.. Regarding the shoulder he computed tlie loss of capacity sufficient to force plaintiff out of the heavy labour class into tlie light labour class, and estimated a loss of 30 or 40 per cent. There wtfs no doubt that t'velve mqntlis ago, an examination would have shown tlie heart to be much in the same condition as to-day, that is, before the accident. The degree to which symptoms of heart failure Avere present could be improved by suitable treatment. An adjournment was then taken for lunch.