Mexborough & Swinton Times – Friday 16 September 1932

Injured Miner Fit for Light Work

Compensation Reduced

At Rotherham County Court on Tuesday, before the Deputy-Judge (Mr. F. J. O. Coddington), the Cortonwood Colliery Company applied for the diminution of compensation allowed to Samuel Beardsmore, a miner, 9, Victoria Road, Wombwell, who sustained a fracture of the left femur as a result of a fall of coal at the colliery on Sept. 28th.

Compensation had been paid to Beardsmore since that date at the rate of 30s. per week.

It Was submitted by the applicants that Beardamore was not totally incapacitated from work at the present time owing to the ‘accident.

Mr. Dale (instructed by Gichard and Co.) appeared for the applicants, and Mr. John heal (instructed by Raley and Sons) represented the respondent.

Mr. Dale said Beardsmore was offered work at the pit bottom on April 20th, but he refused it and asked for his insurance cards. He was afterwards examined by Dr. A. M. Connell, who declared that the femur was well united.

Dr. A. M. Connell gave evidence, and when cross-examined by Mr. Neal be said that it he had set the fractured femur and obtained the result that was shown by an X-Ray photograph, he would have been proud of it.

Mr. H. I. Fawcett, manager of the colliery, said he offered Beardsmore light work—cleaning up roads, changing bars, etc. He refused to take the work and said he could not do it. This work had been done previously by an old man of 83. The work was still available.

In cross-examination, witness admitted that the work to be done by Beardsmore included every kind of work except ripping.

Dr. A. M. Connell, recalled, said in answer to the Deputy-Judge that if Beardsmore was placed on work which was a little too hard for him it would have no ill effect on him except that for the first day or two he would tire quicker than an ordinary man. Afterwards he would benefit by the work.

Beardsmore, in evidence, said he still suffered pain with his leg. He was only able to walk a mile or two a day. He had great difficulty in climbing the 50 or 60 steps to the pit cage. When witness went to the manager for light work on the pit top, the manager told him there was no work for him except taking off side on the Silkstone seam. This was ripping, and even harder work than witness had been doing before his accident.

Dr, A. Jardine, hon. surgeon to Beckett Hospital, said he was not quite satisfied with the alignment of the leg. It tended to give the appearance of “knock-kneed” and there was a tendency for the weight of the left leg to be borne on the inside. At the end August, Beardsmore complained of pains in the knee and witness saw a swelling. He was of the opinion that Beardsmore could not do the work that was offered because of the uneven surface of the roads down the pit.

Dr. J. A. Mowat gave evidence of conducting an X-Ray examination of Beardsmore. He found there were certain defects. He was of the opinion that the work offered was not suitable.

The Deputy-Judge, giving judgment, said that Dr. Connell, in his evidence, stated quite fairly that if the work offered the man was on an uneven surface he would have objection to it. After hearing the evidence he had come to the conclusion, with some doubt, that the work offered was not suitable. It was just a little too hard, it was on the border-line. He considered that Beardsmore was fit for light detailing work, at the rate of 38s. per week. Compensation must lie paid at the rate of 13s. per week.

Mr. J. Neal formally asked the Deputy- Judge why he had not considered the case under a section of the 1901 Compensation Act. This section provided that where a man was fit for light work, and had made every effort to get that work without success, he should be considered as totally incapacitated.

The Deputy-Judge said he was not satisfied that Beardsmore had taken reasonable steps to obtain light work. Costs were allowed for the respondent.