Non-fatal Accident

W. B. Brown

Durham Miners' Association
Compensation Department

Swalwell. W. B. Brown, 42, hewer.

Fell off with Miners’ Nystagmus in June, 1912. He was paid full compensation until January, 1915, when it was stopped, and the case was referred to the Official Medical Referee (Dr. Percival) who reported on 18th February, as follows :—

"Brown is suffering from Nystagmus, and his condition is such that he is unable to do any work that involves stooping.

The incapacity is due to coal Miners’ Nystagmus."

On that report; full compensation was continued until 28th March, 1916, when he commenced light work as an onsetter and continued until 24th April, 1917, when he had to give up.

The case was again referred to the Official Medical Referee who reported on 21st June, 1917 :—

"Brown is still suffering from Coal Miners’ Nystagmus and his condition is such that he is partially incapacitated. He is unfit for work as an onsetter or waiter on, but is fit for work that involves no stooping, no moving belts, and full daylight.

The incapacity is due to Coal Miners’ Nystagmus."

His compensation was continued until September, 1920, and the case was again referred to the Official Medical Referee, who reported on 3rd November, 1920, as follows :—

"Brown becomes dizzy whenever he stoops; he sleeps badly and is presumably suffering from arterio-sclerosis. He now presents no signs of coal Miners’ Nystagmus and his light sense is up to the standard, and his condition is such that he is unable to do any work that involves stooping.

The incapacity is not due to Coal Miners’ Nystagmus."

The case was considered by our side of the Arbitration Committee on 15th June, 1923, when the Lodge was instructed to furnish further medical evidence. Brown has submitted the following report from Dr. Cunningham, and asked for his case to be re-opened on the grounds that his condition is getting worse.

"EXAMINATION. — When Brown is examined in a darkened room and in a stooping position definite signs of Miners’ Nystagmus are present. The oscillation of the eyeballs and the twitching of the lids are well marked.

From the result of my examination I am of opinion that Brown is incapacitated from performing any kind of work underground; he is, however, fit to perform suitable light work at bank in daylight which does not involve much stooping."

The Committee at their meeting on 26th September, 1923, referred the case to the Official Medical Referee (Dr. Percival) who reported on 10th October, as follows :—

1. "W. B. Brown is still suffering from Nystagmus and his condition is such that he is in my opinion unable to do any work that involves much stooping.

2. The incapacity is partial and is entirely due to Miners’ Nystagmus."

Awarded full compensation as from 26th September, 1923.

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

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