Non-fatal Accident

John McNamee

Durham Miners' Association
Compensation Department

County Court Cases.

Marsden. John McNamee, 68, shifter.

On 22nd June, 1922, McNamee was lifting a large stone when he overbalanced himself and injured his shoulder, He was paid full compensation until 1st September, 1923, when it was stopped on a report by the colliery doctor.

The case was referred to the Official Medical Referee (Dr. Pybus) who reported on 26th September, 1923 :—

1. "McNamee is in poor general health and his condition is such that he is totally incapacitated for work of any kind.

2. The incapacity is partly due to the accident (50%).

The Owners paid McNamee 9/3 per week on above report and McNamee asked for full rate.

The Committee failed to agree at their meeting on 17th October, 1923, and our Sub-Committee decided to take matter to the County Court. Judge Greenwell heard the case at South Shields County Court on Wednesday, 23rd January, 1924. Mr. Heath argued that as McNamee was totally incapacitated for work of any kind, he was entitled to full compensation with War addition in spite of the fact that the Medical Referee certified that such total incapacity was only partly due to the accident ; because although only partially incapacitated physically such incapacity rendered McNamee almost useless in the open labour market and consequently he was totally incapacitated economically.

The Judge held that the report of the Medical Referee was binding upon him and he could not accept the argument that applicant was totally incapacitated by the injury. He gave an award for 18/6 per week as from date of reduction.

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

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