Mexborough & Swinton Times – Saturday 25 January 1941

Wath Miner’s Compensation

Judge Declines to Order Diminution

On Monday at Doncaster County Court, before Judge Hildyard, a case in which Harold V. Davison, a miner, of Wath-on-Dearne, was concerned and which had been heard, again came up.

His employers, the Manvers Main Collieries Ltd. asked for a diminution of compensation of 23s. 4d. a week, which he had been paid in respect of injuries.

Eight years ago Davidson was involved in an accident in which his spine was fractured and he bad not worked since except for three weeks in October and November last year. In August he was offered a light job but he declined it. Later he took on a job of looking after same pumps and it was a question whether or not this was suitable.

Dr. Gumpert, who gave evidence at the previous hearing, continuing said the man’s disability was due to a weakness of the muscles which controlled the lifting of his feet. He had also lost the faculty, said Dr. Gumpert, of balancing himself properly. His balance was impaired. There was a grave defect. He could not walk very far without the aid of a stick and he told him he had fallen down more than once at work. The operation of the pumps was well within his capacity but it was a question of getting to and from his work. His muscles were partially paralysed.

The respondent said when he was offered a job in August he did not think he was capable of doing it and he declined it. Later he was offered the same job and he tried it. He had to look after four jobs and keep them in running order. Two were air pumps. They were about 1.200 yards away from the pit bottom, and the pumps were 200 yards apart. The air pumps moved along with the men. The surface of the road to the pumps was rough and sludgy. In places for about three or four minutes he had to stoop to get along owing to the lowness of the roof. The pumpmen wore Wellington boots but he could not wear them. The first week he worked he did four shifts, the next week five, and the next three. Owing to his disability he fell down eight or nine times. On the advice of a doctor he gave the work up and asked for more suitable employment, but was told there was none available.

Evidence was also given by Thomas Skillings, pumpman, of Dolcliffe Road, Mexborough. Davison, he said, went to him to learn what to do. He said there were times when it was wet around the pumps. He remembered Davison falling.

For the Company, Mr. F. W. Beney submitted that Davison had had a long time in which to get used to his high stepping gait. There was a division of medical opinion as to his lack of balance. It was not suggested that the job he had been offered was not outside his capacity. He suggested Davison had exaggerated the number of times he had fallen. Those proceedings were started after he had refused employment, and the matter was adjourned to see if he could do the work. He submitted he should give it a reasonable trial. He asked that the amount should be reduced to a declaration of liability until Davison could prove by more cogent evidence that this work was such to which he could not adapt himself.

The application was dismissed.