- Email: [email protected]
THE WORKMEN'S COMPENSATION ACT, 1897.
1773 in many of the latter-such, for example, as opera tions on the uterus and ovaries-would not be o much value to a surgeon whose duty as a rule lies wit] adult males, but the objection is entirely ungrounded. AI major operations are inatructive. The operator cannot bu gain inestimable knowledge with regard to many mos The proper handling of a knife important matters. can only be perfectly acquired by practice, and the same may be said of the coolness and steadiness tha are so essential in emergencies. During the first hal: of the present year 71 operations were performed iJ the naval hospital at Rochefort and 120 in the civi hospital, the average being thus upwards of one pe: diem. In the civil hospital 63 of the subjects were male: and 57 females. Among the former there were two death: and among the latter three. No deaths occurred among those operated upon in the military hospital. Dr. Fontorbe gives a detailed list of all the operations, which_included 2]
laparotomies.
TRANSVAAL WAR NOTES. The following medical officers of the Royal Navy are a1 present serving with the naval detachments landed for service in South Africa-viz.: Fleet Surgeon J. Porte] of H.M. flagship Doris, Surgeon J. G. Fowler, H.M.S Po,7verfiil, and Surgeon E. P. Mourilyan of the Doris. Major Tuckey, R.A.M.C., has left in the Gascon for Soutl Africa. Civil Surgeons A. E. Brown and L. Cooper haVE sailed in the Avoca in medical charge of the troops. The Earl and Countess Carrington have offered to plac( Hill Farm House, High Wycombe, at the disposal of th( military authorities should the proposal to provide more convalescent homes for sick soldiers discharged from military hospitals be put into practice. With regard to the Queen’s gift of chocolate to the troops it has been said in the press that one firm was to supply 40,000 tins of chocolate to the South African Field ForcE and two firms 30,000 each. We are asked to state that the Bristol firm, Messrs. J. S. Fry and Sons, Limited, Hei Majesty’s Royal Warrant holders, are supplying 40,000 tins. The London Perfumery Co. are prepared to send out a case containing from 40 to 50 bottles (assorted) of any of their preparations and articles of manufacture at the price of L210s. to ambulance corps and field hospitals for use in South Africa. The following medical officers have been appointed to the staff of the 7th Division: Principal Medical Officer, Lieutenant-Colonel J. A. Gormley, R.A.M.C., Medical Officer, Major F. J. Morgan, R.A.M.C.
the
Royal Army
pletion a
Corps on medical certificate during being allowed to count towards the com-
Medical
tour of service
of such tour up to
a
maximum of 12 months.
Correspondence. "Audi alteram
partem."
THE WORKMEN’S COMPENSATION 1897.
ACT,
To the Editors of THE LANCET. SIRS,-In my paper dealing with this Act from a medical point of view, which appeared in THE LANCET of Sept. 30th last, I pointed out the serious consequences, both to employers and to workmen, if the disability arising from pre-existing disease was not differentiated from the disability proceeding directly from accidental injury. On the 2nd of this month the Court of Appeal (A. L. Smith, Collins, and Vaughan Williams, L.JJ.) unanimously gave a judgment which must have very far-reaching consequencesconsequences which were never contemplated by the framers of the Act. In Lloyd v. Sugg and Co., Limited, the facts were briefly as follows. George Lloyd, a smith in the employ of Messrs. Sugg and Co., was at the time of the accident holding a flatter on an anvil for another workman, a hammerer, to strike the end of the flatter. The hammerer by accident struck the rod of the flatter and Lloyd’s hand was jarred but not otherwise injured. The medical man who attended Lloyd was called as a witness and said that he had previously to the accident treated Lloyd for gout in the hand and elbow and that Lloyd had the gouty diathesisthe swollen hand was caused by gout brought on by the jar-and that Lloyd was suffering from a weak hand caused partially by the injury. The case therefore was clear; the injury would no doubt have been trivial if it had occurred to a healthy man but was rendered serious by the pre-existing disease Lloyd suffered from. The Court of Appeal decided in favour of the workman, Lord Justice Collins ruling that the question of pre-existing disease was not to be taken into consideration in assessing under the Act disability after accidental injury, for he saidIt was urged that the injury supervening upon the jar would not have been nearly so great had it not been for the gout. That seemed
to him to be immaterial.
There
was
the accident and the
con-
MEDICAL APPOINTMENTS FOR CIVILIANS IN SOUTH AFRICA. sequent injury and the extent of the injury must depend upon the condition or the constitution of the person injured at the time of the We are constantly receiving letters from correspondents accident. The principle always followed in cases where compensation anxious to serve in a medical capacity in South Africa asking had to be assessed for personal injuries caused by negligence, so far as how they should proceed and what are the necessary qualifi- related to the causes contributing to the disability, must be applied hi Act of 1897. Take, for instance, the case of a delicate cations. We are authorised to say that, in the first place, cases under the lady receiving a shock in a railway accident; the injury would be much to must be made the Director-General of the application greater to her than in the case of a lady in perfect health. In each case the court had to deal with the then existing condition to arrive at Army Medical Department, 18, Victoria-street, London, S.W. the ultimate result. No one will be sent to South Africa who is over 35 years of Employers are now, therefore, face to face with the very age and preference will be given to men who have recently completed a term of office as house surgeon in a big hospital. serious question originally raised by THE LANCET in an What is wanted is a young energetic man who has held a editorial article early in this year, and they will either have responsible position and consequently can think for himself, to insist on the periodical medical examination of their workbut one at the same time who is willing to do what he is men or to make up their minds to pay heavily for the pretold. Other things being equal, a man who can ride and is existing disease or weakly constitutional condition of any able to rough it is better than a man who does not possess one of their workmen who may meet with the slightest and these qualifications. Applications will all be considered, most trivial accidental injury. If the former the conbut we would remind intending applicants that there are sequences to the working classes throughout the country and to the community at large will be disastrous, for all persons already over 400 names on the list for service. of impaired physique will be thrown out of employment and DEATHS IN THE SERVICES. become a burden to the rates; if the latter insurance will Colonel John Henry Hughes, R.A.M.C., principal medical rates must be largely raised and the trade of the country officer at Quetta, recently in India. He joined the army in A large number of medical men in seriously handicapped. 1864, became surgeon in 1873, surgeon-major in 1876, and their capacity as medical officers to manufactories and works deputy surgeon-general in 1895. He served with the Second are the confidential advisers of employers, and a larger Field Hospital during the Ashanti War, 1873-74 (medal with number still are the medical officers of workmen’s benefit clasp). societies and unions. They will no doubt be consulted upon CASUALTIES IN THE TRANSVAAL WAR. the position of affairs, and if it appears to them that both At the battle on the Tugela Captain M. L. Hughes, in the interest of employers and their workmen the Act R.A.M.C., killed (an obituary notice will be found in of 1897 should be amended in the matter of the influence of
another column) ; Major F. A. Bracington (! J. H. pre-existing disease on the assessment of disability, and the Brannigan), R.A.M.C., wounded slightly; and at the Battle influence of the profession is exerted, there can be no doubt of Magersfontein Lieutenant Douglas, R.A.M.C., wounded, of the result before any long period of time has elapsed. and Major C. H. Burtchaell, R.A.M.C., taken prisoner. I am. Sirs. yours faithfully. The Secretary of State for War has approved of the ALBERT BENTHALL, F.R.C.P.Edin., &c.
period of leave
out of India
granted
to executive officers of
Cockspur-street,
Pall
all, S.W., 1899.
laparotomies.
TRANSVAAL WAR NOTES. The following medical officers of the Royal Navy are a1 present serving with the naval detachments landed for service in South Africa-viz.: Fleet Surgeon J. Porte] of H.M. flagship Doris, Surgeon J. G. Fowler, H.M.S Po,7verfiil, and Surgeon E. P. Mourilyan of the Doris. Major Tuckey, R.A.M.C., has left in the Gascon for Soutl Africa. Civil Surgeons A. E. Brown and L. Cooper haVE sailed in the Avoca in medical charge of the troops. The Earl and Countess Carrington have offered to plac( Hill Farm House, High Wycombe, at the disposal of th( military authorities should the proposal to provide more convalescent homes for sick soldiers discharged from military hospitals be put into practice. With regard to the Queen’s gift of chocolate to the troops it has been said in the press that one firm was to supply 40,000 tins of chocolate to the South African Field ForcE and two firms 30,000 each. We are asked to state that the Bristol firm, Messrs. J. S. Fry and Sons, Limited, Hei Majesty’s Royal Warrant holders, are supplying 40,000 tins. The London Perfumery Co. are prepared to send out a case containing from 40 to 50 bottles (assorted) of any of their preparations and articles of manufacture at the price of L210s. to ambulance corps and field hospitals for use in South Africa. The following medical officers have been appointed to the staff of the 7th Division: Principal Medical Officer, Lieutenant-Colonel J. A. Gormley, R.A.M.C., Medical Officer, Major F. J. Morgan, R.A.M.C.
the
Royal Army
pletion a
Corps on medical certificate during being allowed to count towards the com-
Medical
tour of service
of such tour up to
a
maximum of 12 months.
Correspondence. "Audi alteram
partem."
THE WORKMEN’S COMPENSATION 1897.
ACT,
To the Editors of THE LANCET. SIRS,-In my paper dealing with this Act from a medical point of view, which appeared in THE LANCET of Sept. 30th last, I pointed out the serious consequences, both to employers and to workmen, if the disability arising from pre-existing disease was not differentiated from the disability proceeding directly from accidental injury. On the 2nd of this month the Court of Appeal (A. L. Smith, Collins, and Vaughan Williams, L.JJ.) unanimously gave a judgment which must have very far-reaching consequencesconsequences which were never contemplated by the framers of the Act. In Lloyd v. Sugg and Co., Limited, the facts were briefly as follows. George Lloyd, a smith in the employ of Messrs. Sugg and Co., was at the time of the accident holding a flatter on an anvil for another workman, a hammerer, to strike the end of the flatter. The hammerer by accident struck the rod of the flatter and Lloyd’s hand was jarred but not otherwise injured. The medical man who attended Lloyd was called as a witness and said that he had previously to the accident treated Lloyd for gout in the hand and elbow and that Lloyd had the gouty diathesisthe swollen hand was caused by gout brought on by the jar-and that Lloyd was suffering from a weak hand caused partially by the injury. The case therefore was clear; the injury would no doubt have been trivial if it had occurred to a healthy man but was rendered serious by the pre-existing disease Lloyd suffered from. The Court of Appeal decided in favour of the workman, Lord Justice Collins ruling that the question of pre-existing disease was not to be taken into consideration in assessing under the Act disability after accidental injury, for he saidIt was urged that the injury supervening upon the jar would not have been nearly so great had it not been for the gout. That seemed
to him to be immaterial.
There
was
the accident and the
con-
MEDICAL APPOINTMENTS FOR CIVILIANS IN SOUTH AFRICA. sequent injury and the extent of the injury must depend upon the condition or the constitution of the person injured at the time of the We are constantly receiving letters from correspondents accident. The principle always followed in cases where compensation anxious to serve in a medical capacity in South Africa asking had to be assessed for personal injuries caused by negligence, so far as how they should proceed and what are the necessary qualifi- related to the causes contributing to the disability, must be applied hi Act of 1897. Take, for instance, the case of a delicate cations. We are authorised to say that, in the first place, cases under the lady receiving a shock in a railway accident; the injury would be much to must be made the Director-General of the application greater to her than in the case of a lady in perfect health. In each case the court had to deal with the then existing condition to arrive at Army Medical Department, 18, Victoria-street, London, S.W. the ultimate result. No one will be sent to South Africa who is over 35 years of Employers are now, therefore, face to face with the very age and preference will be given to men who have recently completed a term of office as house surgeon in a big hospital. serious question originally raised by THE LANCET in an What is wanted is a young energetic man who has held a editorial article early in this year, and they will either have responsible position and consequently can think for himself, to insist on the periodical medical examination of their workbut one at the same time who is willing to do what he is men or to make up their minds to pay heavily for the pretold. Other things being equal, a man who can ride and is existing disease or weakly constitutional condition of any able to rough it is better than a man who does not possess one of their workmen who may meet with the slightest and these qualifications. Applications will all be considered, most trivial accidental injury. If the former the conbut we would remind intending applicants that there are sequences to the working classes throughout the country and to the community at large will be disastrous, for all persons already over 400 names on the list for service. of impaired physique will be thrown out of employment and DEATHS IN THE SERVICES. become a burden to the rates; if the latter insurance will Colonel John Henry Hughes, R.A.M.C., principal medical rates must be largely raised and the trade of the country officer at Quetta, recently in India. He joined the army in A large number of medical men in seriously handicapped. 1864, became surgeon in 1873, surgeon-major in 1876, and their capacity as medical officers to manufactories and works deputy surgeon-general in 1895. He served with the Second are the confidential advisers of employers, and a larger Field Hospital during the Ashanti War, 1873-74 (medal with number still are the medical officers of workmen’s benefit clasp). societies and unions. They will no doubt be consulted upon CASUALTIES IN THE TRANSVAAL WAR. the position of affairs, and if it appears to them that both At the battle on the Tugela Captain M. L. Hughes, in the interest of employers and their workmen the Act R.A.M.C., killed (an obituary notice will be found in of 1897 should be amended in the matter of the influence of
another column) ; Major F. A. Bracington (! J. H. pre-existing disease on the assessment of disability, and the Brannigan), R.A.M.C., wounded slightly; and at the Battle influence of the profession is exerted, there can be no doubt of Magersfontein Lieutenant Douglas, R.A.M.C., wounded, of the result before any long period of time has elapsed. and Major C. H. Burtchaell, R.A.M.C., taken prisoner. I am. Sirs. yours faithfully. The Secretary of State for War has approved of the ALBERT BENTHALL, F.R.C.P.Edin., &c.
period of leave
out of India
granted
to executive officers of
Cockspur-street,
Pall
all, S.W., 1899.