Cadeby’s Nystagmus Case – Companies Appeal Dismissed

March 1935

South Yorkshire Times March 8, 1935

Cadeby’s Nystagmus Case
Companies Appeal Dismissed

The Denaby and Cadeby Main Colleries Ltd, in the court of appeal yesterday, applied against a judgement of Judge Hillyard at Doncaster County Court on January 10, awarding compensation to John Thomas Roberts, miner, Denaby Avenue, Conisborough, in respect of nystagmus.

The judge awards 23 s 7d from October 9 to November 25, 1934, then five shillings a week to December 19, and thereafter 23s 7d as for total incapacity.

The appellants said the continued compensation should be five shilling since the medical referee had said the man was fit for surface work, he his incapacity being only partial. They objected to the judgement as an attempt to override the medical referee, and suggested that the judge wrongly admitted evidence in the disagreement to the medical referee’s certificate.

Roberts ceased employment when 200 men were thrown out of work and after three months unemployment pay, went to a medical officer and received a certificate for the nystagmus.

The appeal was dismissed.