Non-fatal Accident

Robert Wigham

Durham Miners' Association
Compensation Department

Mainsforth. Robert Wigham, 53, shifter.

On 19th January, 1925, this man fell off with Miners' Nystagmus. The Owners appealed against the certifying surgeon's certificate, but their appeal was dismissed by the Official Medical Referee, Dr. Percival. The management still refused to pay compensation on the grounds that Wigham had not been employed in mining on or immediately prior to 19th January, 1925. However, Wigham had worked at the colliery within twelve months of falling off with Miners' Nystagmus. The case was before the Arbitration Committee on 30th March, 1925, when he was awarded full compensation, and same was continued until 1926, when it was stopped on a report of the Owners' doctor. The case was referred to the Official Medical Referee (Dr. Percival) who reported on 3rd March, 1926, as follows :—

1. "The said R. Wigham is in a pitiable condition — drivelling, very slow in mind can only walk very slowly, expressionless face, feeble movements of the eyes and of facial muscles, but no actual paralysis He shows evidence to-day of Miners' Nystagmus, and his condition is such that he is quite unable to do work of any kind. The mental condition is not due to Miners' Nystagmus.

2. The incapacity of the said R. Wigham is total, but the Nystagmus he has would cause a partial incapacity if he were unafflicted in other ways."

On the above report compensation is being paid at the reduced rate of 5/- per week. Wigham is still off work and now claims full compensation.

Awarded 12/6 per week.

Official Medical Referee Cases.

Mainsforth. Robert Wigham.

1. "The said R. Wigham is in a pitiable condition, drivelling, very slow in mind, can only walk very slowly, expressionless face, feeble movements of the eyes and of facial muscles but no actual paralysis. He shows evidence to-day of Miners' Nystagmus, and his condition is such that he is quite unable to do work of any kind. The mental condition is not due to Miners' Nystagmus.

2. The incapacity of the said R. Wigham is total, but the Nystagmus he has would cause partial incapacity if he were unafflicted in other ways.

Dated this 3rd day of March, 1926.

(Signed) A. S. PERCIVAL,

Medical Referee."

Source: NEEMARC - Ref: NUMDA/6/1/1/6, Reports of the Compensation Department, Vol VI covering Jan-Dec 1926

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