South Yorkshire Times February 17, 1951

Pre-Accident Wages

Kilnhurst Miner Wins His Case

A claim against the N.C.B., Kilnhurst Colliery was granted with costs by Judge R. C. Essenhigh at Rotherham County Court on Tuesday, Harry Burkinshaw (26), miner of 9, Greenwood Road, Kilnhurst, claimed workmen’s compensation from the Kilnhurst Colliery.

Mr W. Payne, for Burkinshaw, said the Judge was asked to decide whether, in the coal industry, there was such a grade as “a part-time collier.”

He submitted that there was no such grade, and said Burkinshaw had never changed  his grade. He was a collier market man, and was on call for the coal face when he was needed.

Mr. Payne said the claim was for workmen’s compensation from May 12th, 1950, to October 9th, 1950. The question at issue was very largely a question of pre-accident wages. If the question of principle could be settled the matter of the arithmetic would give no problem.

At the material time, Mr. Burkinshaw developed dermatitis, and went before a medical referee who found the dermatitis was caused by dust and liquid. The workman was off work for a short time and was given light work. From 1947 he received 36s. a week compensation, and this was later increased to 41s. a week.

In May, 1950, applicant was told by letter that he was entitled to partial compensation of 17s. a week. plus supplementary allowances and a bonus.

Mr. Payne said the dispute was whether the pre-accident average wage was £7 9s. 4d. or £6 17s. 5. Burkinshaw said he had worked at Kilnhurst Colliery since he left school 12 years ago. In May last year he received a letter telling him there had been a re-calculation of his pre-accident earnings and his compensation was to be reduced.

For the N.C.B.. Mr. P. Quass said the facts had been given to the Judge and unless he required further information, he would consider his case complete.

Giving judgment, Judge Essenhigh said he had no doubt that at the time in question, Burkinshaw was graded as a collier, no matter whether or not he was doing collier’s work.