UNIQUE CASE

Sun (Auckland), Volume IV, Issue 1036, 29 July 1930, Page 10

UNIQUE CASE

DEATH OF A MINER WIDOW CLAIMS £I,OOO “This is the first case of its kind Jn the history of the Workers* Compensation Act in New Zealand,” declared Mr. P. J. O'Regan, appearing in support of a claim for compensation, heard before Mr. Justice Frazer in the Arbitration Court this morning. The widow of a workman, William Mason, claimed £I,OOO compensation from Glen Afton Collieries, Limited. The plaintiff, Sarah Ami Mason, was represented by Mr. P. J. O’Regan and Mr. H. P. Richmond appeared for the defendant company. Plaintiff’s husband, who had been employed at the collieries until December 11, 1929, died in the Waikato Public Hospital on December 15. He left, in addition to plaintiff, two children, aged seven years and one year. His average weekly earnings were not less than £5, and plaintiff claimed £I,OOO compensation, £25 funeral and medical expenses and costs.

Mr. O’Regan outlined the history of the case. Mason had been a miner employed at the Glen Afton Collieries. On December 11, he had been working on night shift with William Metcalfe. They had been putting up timbering in the mine when Mason complained that he liad hurt himself inside He sat down for a time, but had to knock off. He walked a mile to the surface with his mate, whom he then left to go home. His wife heard him groaning and, at six o’clock in the morning. Dr. Cross had been sent for. The accident had occurred at nine o’clock in the evening. The doctor had ordered the man to hospital, where he died following an operation on December 15 It was claimed that, whether a preexisting aneurised condition of the intestine was aggravated by the strain, or whether the condition was caused entirely by the strain. Mason’s death was due to injury by accident.

William Metoaife, deceased’s workmate, gave evidence of the man's complaint of injury when shifting the timbering into position. He had never previously complained of pain. Mrs. Mason corroborated Mr. O’Regan’s story of the man’s arrival home She added that he was 29 years of age and had been out from Wales about four years. He had never complained of pain and had never lost a day’s work through injury. DOCTORS EVIDENCE

In evidence. Dr. Phillip Richard Crosse, of Pukerairo, said that he knew Mason for some time. He received a call on the day of the accident and went down to see him and found him in pain, groaning and making a considerable amount of noise. It was evident Mason was in a bad condition and he (the doctor) obtained assistance to take him to his own car and then drove him to the Waikato Hospital. The doctor was convinced, in view of his knowledge of the operation carried out at the hospital, that something had happened to Mason while he was lowering the bar. Previous to the operation, however, h 9 did not diagnose the trouble definitely and it could well have been one of many abdominal troubles. Continuing, Dr. Cross said that intussusception was evident after examination and that was undoubtedly the result of something which had occurred while the bar was. being handled. Intussusception was rare, but it did occur with people of all ages, although mostly with children. Cross-examined by Mr. Richmond, witness said that he did not thoroughly examine Mason and had no knowledge of his intestinal condition, but it was all explained to him after the operation. There were hundreds of cases of intussusception without any known causes. Dr. Stanley A. Bull was called to give evidence. He considered that the act of lifting and the cause of pain could be regarded as one. The man was at his ordinary work and was engaged in lifting a heavy bar. and in the act of doing so was taken by acute abdominal pain. (Proceeding.)