Miner’s Compensation for Nystagmus

June 1922

Mexborough and Swinton Times, June 17

Conisborough Miner´s Claim.

Compensation for Nystagmus

An application for the declaration of liability on behalf of a miner, James Leverland, of Conisborough, was alleged to be suffering from nystagmus, was heard at the Doncaster County Court on Wednesday.

Applicants said he had worked in the mine for 30 years, and five years at the Yorkshire Main find on, his average wages being £4 3s 7d. He was dismissed on August 15, 1921. In September 1921, E obtained a certificate that he was suffering from nystagmus, and receive full compensation until March 9, 1922. He had applied for work in the pit, but had not been set on. He was willing to do any kind of work, though Mr Allen said he was dismissed for misconduct, and they would not take him back.

Dr Whitehead, of Leeds, said he examined applicant on March 16, and found he was suffering slightly from nystagmus. He was examined again on May 29 and was found to be rather better. There was nothing to prevent the man from working underground. There was always a possibility of a return of nystagmus. He could not say how one man working under similar conditions could contract nystagmus and not another.

Dr Foster, of Conisborough, agreed that there was a always a possibility of a return of the disease, and Mr Allen, for the respondent, suggested that the man was fit to work elsewhere.

Dr Pooley, Sheffield, said he examined applicant on March 2, and could find no definite signs of nystagmus. The chance of the return of the disease was a real one; and the man was fit to work underground. Mr Shephard pointed out that applicant could not get work elsewhere as he could not certify that he was not suffering from nystagmus. It was an industrial disease under the act, and the man was entitled to compensation.

His Honour George Hargreaves said that owing to the disease it had become more difficult for the man to obtain employment in the labour market, and he awarded full compensation of 35 shillings from March 9 to May 29 and 15 shillings per week afterwards..

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