NOT AN ACCIDENT

Sun (Auckland), Volume II, Issue 348, 8 May 1928, Page 12

NOT AN ACCIDENT

PAINTER’S RHEUMATISM COMPENSATION CLAIM FAILS Because the contraction of acute rheumatism through exposure on hi* job was not an .unexpected or sudden happening, and not regarded a* unlooked for mishap. Harry Bresana. a ship’s painter, of Auckland, failed ® his claim in the Arbitration Court ft* £ 8 8s compensation from the Northern Steamship Co.. Ltd. Bresand had been exposed to heatT rain and in wet conditions on Dec*®* her 6 and 9, 1927. while engaged ® painting ships belonging to the defendant company, and as a result na contracted rheumatism. f The court, in issuing its judging expressed the opinion that the plainu& was not exposed to any greater n» than any other person who was ing in the rain, or than any other son who was working in a damp P® * It was a risk that was shared bY ' sands of others, and a risk to manv people are frequently exposec “What happened to the plaintiff not, by any stretch of the imaginfti be described, in either the legal unpopular sense, as an injury' by ac«d arising out of his employment, says. “It might have happeneu anybody, without regard to the l* # or particular locality of bis emP - ment, who had a predisposition to rn matism. and worked in wet clotn in a wet place.” v The company was given l ea apply for costs.