Non-fatal Accident

Thomas Hall

Durham Miners' Association
Compensation Department

4963. Harton. Thomas Hall, 37, hewer.

Fell of with Nystagmus on 1st December, 1917. He commenced work in the timber yard and continued until 16th June, 1922, when his notice that he had received along with 718 workmen, owing to the closing of the Yard Seam, expired. Hall, who is in receipt of 9/1 light work compensation, claimed full compensation as from 19th June, 1922.

Claim disallowed.

Source: NEEMARC - Ref: NUMDA/6/1/1/3, Reports of the Compensation Department, Vol III covering Jan-Dec 1922

Durham Miners' Association
Compensation Department

County Court Cases.

Harton. T. Hall, 38, hewer.

Hall fell off work with Nystagmus on the 1st December, 1917, and was paid full compensation until he started light work in 1918. He worked for 4 years in the timber yard and was dismissed on 16th June, 1922, along with 100 other men owing to the Yard Seam being closed. The case was before the Committee on 28th August, 1922, and the claim for full compensation was disallowed. Hall asked for his case to be re-opened and full compensation awarded.

The Committee failed to agree on 17th October, 1923, and our Compensation Sub-Committee, on 6th November, decided to take the case to the County Court. It was heard by Judge Greenwell on 23rd January.

Hall was in receipt of 6/5 per week light work rate and the Owners contended that was the amount Hall was entitled to as the Nystagmus that he had was very slight and only unfitted him for one class of work, namely work underground.

Dr. Cunningham on behalf of the man, stated the Nystagmus was slight and that Hall could do almost any work at bank that did not involve much stooping.

Dr. Wardale on behalf of the Owners was practically in agreement with the evidence of Dr. Cunningham, but stated the Nystagmus was so slight it could not be elicited easily and was not a bar to Hall getting suitable work in the open market.

The Judge in giving judgement said such cases as this were very difficult to decide and whilst he thought 6/8 was too little, he was of opinion that no case could be made out for full compensation and gave an award for 15/.

Source: Documents at the Durham Miners' Association, Redhills, Durham

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