Local Appeal Tribunal case file for John Barnett, aged 44, Colliery Surface Worker...

Date of birth:
Marital status: Single
Address: 27 Chesterfield Road, North Wingfield
Type of benefit claimed: Industrial injury benefit
Type of injury: Injury - forearm
Further information: According to the colliery's Compensation Officer, at 4.00pm on 6 May 1953 'He [Barnett] was riding cycle towards coke ovens when F. [foreign] body flew into his eye causing him to fall off his cycle injuring right forearm'. The summary of facts given in Form LT2 notes that the 'accident occurred in the pit-yard on premises which are not open to members of the public'. Although the case was referred to a Local Appeal Tribunal, with a hearing date set for 11 June 1953, the lack of any of the usual forms giving information as to how a case was concluded suggests it may not have gone before the tribunal. The case was referred for a decision by the Insurance Officer, who asked the tribunal to decide whether 'the accident was an industrial accident, and in particular whether the accident arose out of and in the course of the claimant's employment being insurable employment'. In his submission to the tribunal, the Insurance Officer claimed there was doubt 'whether the cause of the accident can be attributed otherwise than to forces of nature, that is, dust and other particles carried by the wind, and in this connection the Commissioner has held [Commissioner's Decision CI 123/49] that such accidents are not normally to be regarded as arising out of his employment unless some circumstances of his employment requires him to be specially exposed to the risk'.
Barnett's last occupation before his appearance at the tribunal was colliery surface worker. Particulars of Barnett's employment provided by the National Coal Board's Compensation Department reveal that from 19 July 1950 to May 1953 his occupation was 'dinting'.