Non-fatal Accident

Frank Brennan

Durham Miners' Association
Compensation Department

West Stanley. Frank Brennan, 38, hewer.

On 22nd November, 1922, this man fell off with Miners' Nystagmus. Full compensation was paid until 13th July, 1924, when it was reduced to 7/6 per week on a report of Dr. Wardale (the Owners' doctor).

The case was before the Arbitration Committee on 20th August, 1924, when he was awarded compensation at the reduced rate of 20/per week, and the case was referred to the Official Medical Referee (Dr. Percival) who reported on 3rd September, 1924, as follows :—

1. "F. Brennan to-day shows evidence of Miners' Nystagmus, and his condition is such that he should not engage in coal hewing though he should be able to do light work that involves little stooping either above or below ground.

2. The incapacity of F. Brennan is partial and entirely due to Miners' Nystagmus."

The case was again before the Arbitration Committee on 6th October, 1924, when the Owners asked for a variation of the award of 20th August, 1924. The Arbitration Committee disallowed the claim and ordered that compensation be continued at the reduced rate of 20/per week, and such was continued until April, 1926, when he obtained light work. However, at the end of a month he received his notice. The management are refusing to pay compensation.

Dr. Benson (the man's own doctor) on 14th June, 1926, reported as follows :—

"Present Condition. — He is unfit to work down the mine but is able to work on the surface away from lights and machinery.

Grounds of Opinion. — There is improvement in his condition but he has some giddiness."

No suitable light work is available and Brennan now claims full compensation.

Awarded compensation at the reduced rate of 10/- per week.

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

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