George Baxter, (1889-18/2/1931). "a splendid worker"

 COMPENSATION CASE.

CLAIM BY A WIDOW. 

SUM OF £897 AWARDED. 

(Special to the "Guardian.") TIMARU, November 20. The point of issue in a claim for £989 compensation heard at the Arbitration Court at Timaru to-day was whether the work in which the suppliant's husband was engaged at the time of his fatal collapse hastened his death. Suppliant was Mary Elizabeth Baxter, widow, Waimate, and in addition to compensation she claimed £20 funeral expenses and costs of the action. Her husband, George Baxter, was engaged as a labourer at the Waitaki hydro-electric scheme at Awakino. Judgment was given in favour of suppliant for £897 compensation, £l8 10s funeral expenses, £ls 15s solicitor s fees and witnesses' and Court expenses. Mr Justice Frazer presided and with him were Messrs W. Cecil Prime (employers' assessor) and A. L. Monteith (employees' representative). 

The suppliant's statement of claim admitted that deceased was suffering from a heart lesion, but submitted that the immediate cause of death was the strain due to the work in which he was engaged when he collapsed. It was further urged that the man died from injury by accident within the meaning of the Workers' Compensation Act.

The defence denied that any accident within the meaning of the Act occurred to Baxter whilst employed by the Public Works Department that Baxter, while so employed, was fatally injured, and that the immediate cause of death was the strain due to the work in which he was engaged. 

Counsel for the suppliant stated that the day of the accident was exceptionally hot and the work that of excavating a trench. As fellow-workers would testify, deceased usually did his day's work, but on this morning he complained of internal pain. After lunch he was put on to bailing out water to keep the excavation sufficiently dry to enable shovelling to be continued. To do this he had to bend a foot below the level of his feet to scoop up the water. Whilst he was so scooping he gave a groan and fell lifeless. This was not long after lunch. 

The suppliant testified that her husband had left for work on the day of the accident in good health. He had never complained of disease or pain. 

Sutherland Drummond, in charge of the gang deceased was working in, stated that about 8 a.m. Baxter complained of a pam in the side. At 12.30 p.m. witness suggested to Baxter that he go home. After lunch Baxter was engaged in scooping water. He would have to bend below the level of his feet to fill the billy. He was a splendid worker.  -Ashburton Guardian, 21/11/1931.

Hakataramea Cemetery.