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The Hard Case of a Cilfynydd…

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The Hard Case of a Cil- fynydd Man. THE STORY OF A COMPENSATION ¡ STRUGGLE. (To the Editor of the PIONEER.) Dear Sir,-Kindly allow me a space in your valuable paper to bring before the notice of the public the unfair treatment meted out to one of my fellow-workmen who met with a serious accident at the Albion Colliery. Cilfynydd, on 4th March, 1914. He received 18/6 per week compensation for five months, and was after- wards put on light employment, being paid per 6 days' work j61 7s. 2d.. with 5s. partial dis- ablement compensation. On this he continued for seven months. On the 12th February, 1915, he was sent by the Albion Company to be examined by the Compensation Doctor (Dr. Downing), who told Davies (the unfortunate man) that his arm would never come to its former strength again by light work. and that he had better resume his former work on the coal. Davies told him he could not cut coal, because the jarring of the mandrill would cause too much pain. The manager stopped the 5s. partial disablement compensation on the last week of January. 1915-two weeks before the Compensation Doctor recommended him to work on the coal-in order to force him off light work; and on 20th February, 1915 the manager stopped him without notice, three weeks at 5s. then being due, not yet been paid Davies being clear with his contribu- tions, sought the advice of the Federation Al- bion Lodge Committee, who advised him to try on the coal. and in the meantime they would select special doctors to examine him., and should he fail it would strengthen his case should it go to court. Davies. acting on this advice, gave three days' trial, but could only work one day owing to pain. He received for that trial 1/7. On February 25, 1915. he was sent by the Federation to be examined by Doctor Bonn or Davies (Llwynypia. Rhondda), who after a special examination certified fractured elbow joint; and the colliery doctor certifies him still unable to follow his employ- ment in consequence of an old injury to the elbow. The manager refuses to reinstate him on light work. Two months from the 25th February—on 24th April. 1915—he was sent for further examination to Doctors Rhys Griffiths and W. Martin, Cardiff specialists, and an X- Rays examination made, and photo of the arm taken. Again the doctors certified fractured elbow joint. Notice-the three specialists # and the colliery doctor, all four of the same opinion that Davies was suffering from fractured elbow joint; and still the manager refuses him light work, and no attempt is being made by the parties conducting this case for the Federation to secure for the unfortunate man his com- pensation. Although the doctors recommended Davies to light work, the representatives of the Federation were still persuading him to try- again on the coal. During the last week of May. 1915. at the solicitor's office, the solicitor and the miners' agent (No. 1 District Rhon- dda) and local agent Albion Lodge (Cilfynydd) strongly persuaded Davies to give another good trial on the coal to make his case good to come to court. Davies. acting on this advice, commenced work on the coal on Tuesday, 1st June, 1915. Notice the solicitors' letter Messrs. Morgan, Bruce and Nicholas. 1st June, 1915.-Deai, Sir,—John Davies and Al- bion Company. You will recollect that this case was adjourned from last court in order that Davies might try light work, as recomm- ended by his doctor. We shall be glad to know what the position now is. and whether he has resumed light work; and. if so, whether he is able to do I it satisfactorily i The case is down for hearing next week.—Yours faithfully, Morgan. Bruce & Nicholas. To Mr Dan Rees, 49 Cilfynydd Road. Cilfynydd." Sir.—How absent minded the solicitor seems to b¿-? Only the week previous at his office he is persuading Davies to try to work on the coal. June 2, 1915. Mr. Dan Rees (local ag- ent Cilfynydd) gives his reply to the solicitor: -"Da-v-ies, acting on your advice the last week in May. has began work on the coal Tuesday. ReplyMorgan, Bruce and Nicholas, 3rd June. 1915. Dear Sir, -John Davies and Al- bion. We have your letter of the 2nd instant, and note that Davies only began to work on the coal on Tuesday. We think it unfortunate that he waited so long and allowed so much time to elapse since the last county court. Under the circumstances we are approaching Messrs. Kenshole asking them to consent to a further adjournment in order that a proper trial might fee made. You will recollect our informing you that after Davies has worked some time he must at once be further examined if he feels any ill effects.—Yours faithfully, Morgan, Bruce and Nicholas. To Dan Rees, 94 Cilfynydd Road. Cilfynydd." However, Davies tried on the coal 1st, 2nd and 3rd June, 191 o; and failed owing to pain in his arm caused by the jarring of the mandrill. His earnings for the three days' work were 5/7, less stoppages at office 1/7: net cash from office 4/ You have no doubt observed he has tried to work six days, but could only work four days. His total earnings were 8 less stoppages at office 2/5: net cash from office 5/7; The average handsome sum of I 1! 4-4 per day. The Federation has been furnished with his pay tickets as proof, and they still hold them, but no use has been made of them. Where was the Minimum Wage Committee for the Albion Workmen? Why was the case not Drought into court before 8th July, 1915? Dan Rees (local agent) states that it was owing to the severe illness of Dr. Bonnor Davies that the case was upon two occasions adjourned. Will the local agent of Cilfynydd give to me proof of the two adjourn- ments? The above letters from the Federation solicitors—1st and 3rd of June, 1915, are the only two adjournments accounted for —the 1st June in order that Davies might try light work recommended by his doctor; and the 3rd jfuno. 1915 that a proper trial might be made, on the coal, acting on the advice of the Federation. These letters, which are in my possession, are an emphatic contradiction t. Dan Rees' statement. On the 3rd June, 1915, Davies was again examined by Dr. Martin and reported still suffering from fractured elbow joint. His house coal and compensation have been stopped since January, 1915; and he has been idle since the 20th February, 1915, with the exception of the four days on the coal. The agent for the Albion Co. still refused light work. July 8th. 1915. going to court without doctors. Davies asked the miners' local agent, "What about the doctors?" and the agent replied. Why; don't you know P They are not eoming. Only Dr. Bonnor Davies and the col- liery doctor, and he is not much good to you." Davies (to agent): "You had better adjourn the case." The solicitor going to court turned back to us, and told us he had received a wire stating that Dr. Bonnor Davies could not at- tend re Davies' case. Davies: "That's finish- ed it now. It's no use going to the court vithout the doctors." But no notice was taken of him. After sitting in court ten minutes, Dr. Hhys Griffiths appeared. Davies (to ag- ent): You told me there were no doctors, coming and Mr. Dan Rees, on seeing the' doctor, said to Davies* Oh! we 'phoned to Cardiff." Well, Sir, the doctor must have come up on the 'phone for fear of being late. However, Dr. Rhys Griffiths gave evidence in favour of Davies. He also showed to the judge the photo of the arm taken at the X-Rays examination; but owing to the absence of Dr. Martin (specialist) the evidence was not ac- cepted. For the company there were two com- pensation doctors, solicitor, assisted by the com- pensation clerk to the company, who where successful in getting the award for the respon- dents. Sir and fellow-workmen, as this was purely a medical case. surely it was a very unfair trial? It was due to the inactivity of the parties conducting Davies' case in failing to subpoena the specialist and doctors to at- tend the court in defence, that this unfortunate man's case was lost. We cannot attach any blame to His Honour, for he exercises his judgment according to the evidence given and the strictures of the law. Davies is still idle without compensation and house coal. The com- mittee state they have been fighting, and beg- ging for him, but with the help of the Minimum Wage Albion Committee, have failed to get him one penny to the average sum of 1/41 per day. They are satisfied that everything that could be done has been done. I am. Sir, Yours faithfully. JOHN SIMPSON. 73 William Street, Cilfynydd. Pontypridd. 21st August, 1916.

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