Mexborough and Swinton Times February 8, 1929

Important Compensation Point.

Award in Goldthorpe Miner’s Favour

An important ruling was given in the Doncaster County Court on Tuesday by Judge Hildyard, in a case in which Arthur Davey, miner, 126, Main Street Goldthorpe, claimed 16s. a week compensation from the Hickleton Main Colliery for partial incapacity, resulting from injuries.

The issue was whether or not Davey’s grade had been changed, and in consequence whether his average earnings for the twelve months preceding the accident–on which compensation paymentsare based—should be lower than those claimed.

Mr E. Dale, for Davey, said a claim by the employers that a compensation applicant grade had been changed was contrary to the principle of the Act, and if the claim were recognised would hit workmen very heavily if they happened to be injured during a week they were doing the less remunerative work that all colliers had to do from time to time.

Davey lost the index fingers of both hands as the, result of injuries caused by a fall of stone in the pit on 23 April, 1928. He was paid 30s. a week compensation till 23 August, when he returned to work as a dataller. Mr. Dale’s figures of Davey’s earnings during the twelve months immediately preceding the accident gave an average of £3 11s 8d week, which made the compensation 16s. a week. The Company said it was not right to assess the earnings in that way, as Davey had changed his grade during the twelve months.

Davey said he started work at the colliery as a dataller, but was afterwards employed as a collier.

Judge Hildyard said he did not think there was any change of grade, and awarded Davey 16s. a week and costs.