ARBITRATION COURT.

Taranaki Daily News, 22 February 1919, Page 7

ARBITRATION COURT.

SITTING AT NEW PLYMOUTH. A sitting of the Arbitration Court was held at New Plymouth yesterday. His Honor, Mr Justice Stringer, presided s.nd with him were Mr Scott (representing the employers) and Mr J. McCullough (workers' representatives). CARPENTERS' AWARD. In the matter of the Taranaki Carpenters' and Jaifiera - Union, Application'l was made to have the following parties joined: J. T. Julian and Son, contractors, New Plymouth; A, Urant and J. E. Campbell, Hawera; L. Langridge, 0. I. Laurence, X. H Shipherd, S. Cooper, and F. Whitehead, builder.:, New Plymouth; Cardiff Co.-op. Dairy Factory, Stratford; Tmranaki 'Prodm.ejra' Freezing Works Co.. Moturoa; Kaupokonui Co-op. Dairy Factory Co.; W. A. Graham, Spotswood, New Plymouth; West Coast Refrigerating Co., Patea; and Thomas Borthwick and Sons, Ltd., Waitara. Mr 'CUlling appeared for 'Borthwick and Sons and objected to their being joined on the ground that there was an award of the court covering the whole of the employers in the industry, including carpenters, and that they therefore could not be brought under the terms of any other award. Thp award referred to was put in and the court upheld the obj jtion. All the other parties were joined. TYPOGRAPHICAL AWARD. In the matter of the application by the Typographical Union for an amend- j ment of their award, an adjournment was granted to Wellington, on the application of the Union, pending the result of a conference at present being held. The award was a Dominion award and the settlement in Wellington would cover the trade over the whole Dominion. .COMPENSATION CLAIMS. . HARLAND v. WOOLDRIDGE The case of Harland v. Wooldridge was adjourned. Mr A. H. Johnstone, who appeared for defendant, said that Mr Fitzherbert had intimated to him that the chief medical witness for the plaintiff (Dr. Anderson, of Wanganui) was at present engaged in connection with the court-martißl proceedings at Wanganui. It was suggested by the parties that the formal evidence should be taken before a Magistrate, and the medical evidence could be taken before the court in Wellington. It would be no more difficult for the witnesses to go to Wellington than to come m New Plymouth. This was consented to by the parties and the adjournment made. BILSKI v. THOMASON. Valentine Bilski (Mr A. H. Johnstone) claimed from Win. Ingram Thomason, contractor, Inglewood, compensation in respect of a accident, as the the result of which plaintiff lost twelve weeks' employment and incurred medical expenses. It was pointed out that no defence had- been filed, and Mr Johnstone said lie merely proposed to call the plaintiff to prove the accident and the amount of damage sustained. Valentin-! Bilski, laborer, Inglewood, said he was employed on June 3 last by, Wm. Ingram Thomason. He was engaged spreading clay on the road. The shafted horse could not back the dray, and witness caught hold of the spokes of the wheel to give a help, and his left hand got caught between the wheel and the cart, and was badly injured. Thomason wos working on the crusher and witness went to him and told him what had happened. He sent witness to a doctor. Three days later witness saw Thomason, who said if he wanted insurance he must produce, a medical certificate. Witness continued to receive attention at Inglewood, but was eventually sent to the New Plymouth Hospital, where one finger was amputated. He was totally incapacitated for twelve months. His wages amounted to 14s per day, and he was in fairly constant employment. The court awarded plaintiff £59 6s. '" LEE v. TARANAKI FARMERS' MEAT CO. Robina Jessie Spence Lee (Mr H. R. 'Billing) claimed ,CoOO compensation and £.lB 10s funeral expenses, from the Tarahaki Farmers' Meat Co., Ltd. (Mr A. H. Johnstone for the Phoenix Insurance' Co.) on account of the death of (Hoi-liusband, alleged to be the result of an'-'Occident sustained while he was wording in the course Of his employment by the defendant company. Mr Billing stated that plaintiff was a widow, Tier husband had been in the general employ of the company for a 'considerable time as a carpenter. When the Works were busy loading frozen meat he frequently gave assistance in that direction. On May 4 last, Lee was working in the cooling chamber, assisting to pass the frozen meat out to the trucks to go on board a steamer. He was helping to slide quarters of beef up to the porthole. The quarters averaged about 1751bs each. They needed a particular knack in handling, The alleyways between the stacks of meat were about six feet wide and the floors were naturally somewhat slippery. .During the course of the work, deceased hiid several falls, but from one he received a bruise on the head and on the right arm. He was a persistent man, and declined to ieave off work on account of the Occident. He went home at night and told his wife and family, but did not regard the matter seriously. It was discovered by the members of the family that deceased's speech was not always as clear as usual. He returned to work on the Monday and continued to work till the Wednesday afternoon on a road adjoining the works. While doing so he had a seizure asd wa's persuaded to go home. He took the train at Fitzroy, and came into town, with the idea of seeing a doctor. He met his wife, at whose suggestion he went home, and a doctor was called in. The doctor was told all about the accident that deceased had sustained. He examined deceased, who had then partially lost the use of his right hand and arm. On May 29 Lee died—three weeks after the seizure. His wages had been ,C 3 10s per week. He left a widow, who was entirely dependent upon him, and four children, two of whom were dependent upon him and the other two partially so. Leo was about 55 years of age and enjoyed moderately good health. His widow therefore claimed compensation. Arthur Pearce, laborer, said he worked for the Freezing Company in May last and remembered Lee assisting in passing out beef from the cooling chamber to the trucks on a Saturday In May. Witness was working in the truck, and on one occasion, during his "spell," he

looked through the porthole and saw Lee fall in the passage way against one of the stacks of meat. That was about six o'clock in the evening. Lee said to witness that he had "seen stars" and got "shook up." Witness told him he had no business in there and urged him to come out. Lee refused, and continued to work up till 930 that night. Witness next saw him on the following Wednesday, when his speech seemed to be affected. Witness told the chief engineer of the accident, and asked for forms to fill up for compensation for Lee on account of loss of work. The engineer (McDougall) referred hin workmates to the office on his behalf as he himself was busy at the time. He had known deceased all his life, and he had always been a healthy man.

To Mr Johnstone: He did not mention Lee's condition to the chief enginer until after the Wednesday, when Lea ceased work. When he saw witness fall on the Saturday, he lay in the x assle with his feet towards the porthole-. Witness was of opinion that he fell' backwards. He could not see Lee the whole time. Some of the other men inside stopped for a short while to see what had happened to Lee. He thought Lee knocked off work for about a quarter of an hour.

E. J. Ellerm said he knew deceased, and was working at the Smart road freezing works with him in May last. Witness described how the great stacks were broken down and the quarters sent along to the port-hole. He saw Lee fall, in the alleyway and at the time and afterwards, urged him to knock off work, but he persisted in going on until they knocked off at about nine o'clock.

To Mr Johnstone: Lee did not seem to know how to handle the beef Witness did not know that he had seen him working in the cooling chamber before. Dr H. A. McLeland, New Plymouth, said he had known Lee as a Lodge patient for about 22 years. His health was generally good. He was sober and hard-working. He remembered being called to se° Lee on Wednesday, May 8. On examination he found him suffering from partial paralysis of th» right arm and leg—more marked in th» arm—and slight difficulty of speech. Witness had never noticed any difficulty of speech before. Leo told witness about the fall he had on the Saturday previous. He examined him and found an abnormal bump on the back of the head, and bruises on his right arm. Witness ordered him to rest, and he improved until within about a week of his death, when the symptoms changed and ho gradually became worse. He was of opinion that death was due to cerebral Jiemonhage. Knowing deceased as he aid, he could come to no other conclusion than that the hemorragft was caused by the fall. To Mr Johnstone: Deceased had no kideny disease- So far as witness could judge there was not, compatible with deceased's age, any sign of arterial degeneration in the brain. The fact that deceased worked hard for three and a-half hours after the accident was sot, in general circumstances, consist**:' with cerebral hemorrhage. It may nave been that the hemorrhage did not take place immediately at the time .'I sustaining the fall. His experience of deaths from cerebral hemorrhage was in fact very limited.

Robina Jessie Spence Lee, plaintiff, said her husband had worked for the meat company for over twelve months. He came home about 10 o'clock on one Saturday night in May, and he complained he had had a fall and knocked his head. Not much notice was taken of the matter at the time, though she noticed his speech was slightly affected. Deceased had not been drinking. He went to work aB usual the next week until Wednesday afternoon, when he came home, and Dr. McCleljand v/as called in to see him. He died on May 29. She and two daughters were dependent upon her husband. Two other daughters were partially dependent. Andrina Lee, daughter of plaintiff, and John Copeland, a fellow employee, also gave evidence. For the defence Mr. Johnstone submitted that the accident was not the cause of death, or, if it was, the accident did not occur in the course of his employment. In relation to the medical testimony he submitted that the only means of determining the cause of death would have been by post mortem examination. This was not done. He intended to call evidence to show that the accident was a very unlikely cause of cerebral hemorrhage, and that the condition of the brain was consistent with the symptoms in several wellknown diseases of the brain arteries. Edward Smith, laborer at the freezing works, said he was leader of the gang in which Lee was working on May 4. Ho was breaking down the stack of meat, and he remembered Lee taking a piece and then his foot slipped and he sat back. He did not strike anything. Witness asked him if he was hurt, and Lee replied that he felt a bit dizzy. He resumed work again in about five minutes, and continued, as far as witness knew, till the time they knocked off.

Charles Henry Harding, laborer, gave similar evidence.

David R. Johnson, laborer, said he was told to take Lee home. He went as far as the Waiwakaiho bridge, and then Lee said he could go the rest of the way himself.

Dr. Walker, New Plymouth, medical superintendent of the hospital, after having the evidence outlined to him, said the only evidence of direct locality was that referring to slight loss of speech and the incomplete paralysis of the right arm and leg. These wel'e not present before the evening of the- Wednesday. The fact of the speech affection and that the paralysis was only of a partial, nature, indicated that the left motor area of the brain was affected and that the lesion was one of a slight kind. The absence of unconsciousness led him to believe that a hemorrhage of a very small amount was the exciting cause. Had the hemorrhage been larger in amount theie would have been a total loss of speech and an absolute paralysis of the right side of the body. A larger hemorrhage still would have induced unconsciousness. The condition was not present prior to the Wednesday afternoon or evening. Regarding the fall on Saturday, the man presented the svmp-

Toms of a mild concussion that passed off rapidly, and, so far ns he could tell ■l>v the evidence submitted, did not recur. Lee was at a period of life at which there is the first great increase in the percentage of deaths from apoplexy. The predisposing cause of such was the presence of minute swellings in the arteries, which caused a local thinness, and the stage is reached when an exaltation of blood pressure caused a rupture of one of these, and the pouring out of blood into the brain tNsue Such happening wore noted in mi>n.v ~«e s without viv prmr ln.ioi'. ii „..,.. v lisease or <li- •■. -,o of blood vessels, or of loan of good yea-

eral health. It was mi accepted fact that these amirisims ' rupture irotu the increase of pressure within the blood •vessels, and it had been, stated that such a rupture did jiot occur from trauma. On the other hund a trauma, if very severe, might •.-ause u, mpt'ile of blood vessels. These, however, ware usually situated in the brain membranes, while at other time- the hemorrhage depends upon laceration of the brain substance. Such a condition i-oulrt *ot .have been present ivi Lee's case. Deceased apparently made a recovery from his accident sufficiently good to cause witness to completely discountenance the idea of oppressive hemorrhage. He was of opinion that the happening of the Wednesday was a separate lesion, and that this, as well a3 the happenings of the Saturday evening, were fully compatible with definite pre-existent disease of his cerebral circulation.

To the Bench: He did not associate the death of the deceased, either directly or indirectly, with the accident of the Saturday. He further stated that a man of 50 years or over should not do the class of work that deceased had been doing. Moreover, a man of that age should never put a strain upon himself while, stooping, aa his blood vessels were gorged and very liable to rupture. The president asked if witness thought the blow received on Saturday set up a condition in the brain of deceased which developed later on, which might not have arisen but for the accident. Dr. Walker answered that he did not think so.

Witness was cross-examined by Mr. Billing and Btated he believed deceased had amirisims of the brain, but that there was no evidence of rupture of these on the Saturday. He said the only sure means of determining the real cause of death would have been a post mortem examination.

Dr. W. R. Wade also gave similar evidence, being of opinion that the death of Lee could not be associated with the fall received on the Saturday in question.

After hearing counsel's address the Court intimated that judgment would be reserved.