PENSIONS APPEAL TRIBUNAL
Date of Appeal 16.9.23
Precis of case for hearing
1. Surname: Humphries Christian Names: William Alfred
2. Unit, Rank and No.: Royal Army Service Corps. Private. T4/071178.
3. Present Age (according to P.A.T.7): 48 years
4. Last Address: 24 Aintree Street, Dawes Road, Fulham S.W.6.
5. C.A.O.’s Address and Ref. No.: 1, Barclay Road, Fulham, S.W.6.
6. Pre-Enlistment Occupation: Cleaner.
7. Name and Address of:
(1) Pre-Enlistment Employer: W.J.Anderson, Staff Officer, British Museum
(Natural History) S.W.7.
(2) Post War Employer: As above.
8. Name and Address of:
(1) Pre-Enlistment Doctor: Dr. McMillan (now in Canada)
(2) Post War Doctor: J.Cohen, 292 Munster Road, Fulham.
9. Name and Address of Insurance Society: Liverpool Victoria Approved Society, 18, St.Andrews Street, Holborn,
10. Gratuity or Pension already awarded: Reject.
11. Date of First Attestation: 6.3.15
12. Date of Demobilisation: 18.2.19
13. Service: Colours 3 years 11 months (6.3.15 to 18.2.19)
Foreign Service - France 1 year 9 months (10.4.15 to 13.1.17)
14. Why discharged: Demobilised. Z.22 no claim.
The Appellant claims that his disability “Pulmonary Tuberculosis” is attributable to his Service during the Great War.
The Ministry rejects the claim on the grounds (a) that the disability is not attributable to Service and (b) that it is not aggravated by Service.
15. REPORTS ON MEDICAL HISTORY SHEET (ARMY FORM ?.178.)
(a) Examination before Enlistment.
6.3.15 Chelsea Town Hall.
(b) Special Observations, if any.
Physical development good. Weight 117 lbs.
Vision Right Eye 6/6. Left 6/60.
11.7.17 Category C.I.
Category automatically becomes B.I. under Army Council Instruction 1606 of 25th October, 1917
11.7.18 Eye Report.
6/9 Left eye myopic and ambyopic.
3/60 Eyesight Category = A.
23.7.18 Fit for Overseas.
12.10.18 Recategorised B.I. for six months.
(c) Hospital entries, relevant to Claimed Disability.
19.11.15 6th Cavalry Enteritis. 3 days.
24.6.18 Croydon War Influenza. 8 days.
Medical Case Sheet.
Disease - Influenza.
Croydon War Hospital.
24.6.18 Admitted Croydon War Hospital, Division II, Temperature 102.6. Onset 23rd at Lee, pain right side of
neck. Not fit - pains all over.
25.6.18 Morning temperature 100.6. Evening temperature 98.4.
26.6.18 Temperature 98. Slight Bronchitis.
27.6.18 Temperature normal. Up.
5.7.18 Furlough and 2.
9.11.18 Fulham. Influenza. Off duty 1 week.
16. MEDICAL REPORTS ON DISCHARGE AND AFTER.
20.1.19 Army Form Z.22.
I do not claim to be suffering from a disability due to my military service.
22.7.20 Army Form B.179.A. (Article 9 Board).
10. Disabilities - (1) Rheumatism. (2) Debility.
11. & 12. Data and place of origin - States 1915, France.
13. History - Was not in any hospital for Rheumatism claimed. Did not report sick. Man states began to suffer from pains in joints during winter of 1915.
Army Form B.178 - admitted Croydon - 24th June, 1918 - 8 days - Influenza. Recovered.
17. Present condition - Complains of pains in joints and back and general weakness.
Finding of medical Board.
22. Disabilities and present condition - (1) Rheumatism. (2) Debility.
No enlargement or impairment of mobility of any joint. Slight fine grating left shoulder joint. He stoops and erects himself well. Heart and lungs - no abnormalities discovered. General condition fair. Urine free from albumin
24. Not final and stationary, likely to last 12 months.
25. Disablement - less than 20% in all.
20.7.23 Report by Tuberculosis Officer.
1. In my opinion (a) He is suffering from Pulmonary Tuberculosis. My conclusion is based on the
following evidence:- Tubercle bacilli in sputum. Physical signs. Tubercle bacilli are present in the
sputum. (b) The Tuberculosis is progressive. The evidence for this is - loss of weight.
Deterioration in general condition.. (c) The Tuberculosis is/is not of old standing, and its
approximate duration has been about 5 years. The evidence for this is :- cough and dyspnosa
began in 1918. Disease appears to have commenced since Influenza in 1918.
7.8.23 A.36.A. (Article 9 Board.)
9. Disability - Pulmonary Tuberculosis.
10. History - Article 9.
Finding of Medical Board
13. Disability & present condition - Pulmonary Tuberculosis.
Demobilised February, 1919.
States has had Influenza every year since 1918.
Began to lose weight and strength 1920.
1922 pain left side ? pleurisy.
In 1918 was admitted to Croydon War Hospital - 12 days - whilst serving Lee Green, and
again in November, 1918 - Influenza - Treated at home.
First to Doctor with Pleurodynia - March, 1920.
Admitted Colindale 24th July, 1923.
Complains of cough, shortness of breath, pain over clavicle, night sweats, expectoration.
Chest - markedly impaired note right upper half and to less extent left apex. Numerous rales
and crepitations and generalised bronchitis, of old standing.
Sputum - tubercle bacilli plus - Colindale. Weight 8 stones 6lbs.
16. Not final and stationary, likely to last 12 months.
17. Disablement - 100%.
I hereby certify that the foregoing statement (Items under 15 and 16 inclusive) is a complete
medical history of the man, as far as it is known to the Ministry.
for Regional Awards Officer.
26th September, 1923.
17. ARTICLE 9 EVIDENCE.
Undated. Statement by Approved Society.
Sickness Benefits before enlistment -
23rd June, 1913, to 14th July, 1913 - Records not available.
Since discharge - Nil.
2.2.20 Certificate by Pre-enlistment and Post Discharge Employers.
Was employed by us from April, 1914, to present date in the capacity of Labourer. As far as our
knowledge goes his general health was good and did not affect his regular attendance at his
6.2.20 Certificate by Pre-enlistment Doctor.
I was his ordinary medical attendant for two years before he joined the Army. During that time to
my knowledge he did not suffer from “Rheumatism” viz. the disability of which he is at present
complaining. I formed the following opinion as to his general health - Good.
6.2.20 Certificate by Post Discharge Doctor.
He first complained to me that he was suffering from Rheumatism in December 1919 and I found
on examination - confirmation.
7.2.20 Statement by Man.
1. I am suffering from Rheumatism - Winter of 1916-17. Conditions and circumstances of Active
Service. With reference to the question put to me why I had not made application for pension
before, I would like to say that it was not my intention to apply for a pension at all had I suffered
no inconvenience from the attacks of Rheumatism which I have had at various times. But as I
have had a pretty severe time with it during this winter and find that instead of getting better it
gets worse I am thinking of my future, and I do not want to let my family suffer possible hardship
when by a little effort of mine I may be able to help them a little. The present scale of benefits
from National Health Insurance or slate clubs will not help them or me much if I were laid up.
That is the reason why I have not gone sick while I could manage to get to work to earn my
wages. I certainly did not want to run to my panel doctor every time I was in pain or I am afraid I
should have kept him pretty busy during the last few months. I have written this explanation of
your question as I had no time to give a detailed one when I called at Barclay Road.
4. I did not suffer prior to enlistment.
28.6.23 Certificate by Pre-enlistment Employers.
Was employed by us from 20th April, 1914 to 8th March, 1915, in the capacity of Cleaner.
As far as our knowledge goes his general health was good and did not affect his regular attendance at his work.
28.6.23 Certificate by Post Discharge Employers.
Was employed by us from 3rd February, 1919 to present time, in the capacity of Cleaner.
As far as our knowledge goes his general health has been very indifferent and has affected his regular attendance at his work.
4.7.23 Certificate by Pre-enlistment Doctor.
My predecessor Doctor Macmillan is now in Canada and is thus unable to forward particulars
of Mr. Humphries’ medical record before he joined the Forces.
4.7.23 Certificate by Post Discharge Doctor.
He first complained to me that he was suffering from cough and general weakness in
November, 1922, and I found on examination that his chest was affected with Tuberculosis.
I have formed the following opinion as to his general health - gradually losing weight and is very
4.7.23 Statement by Man.
1. I am suffering from Pulmonary Tuberculosis, which I attribute to strenuous duties and exposure
while on Active Service in France 1915-17. With reference to answer to Question 1. I beg to
state that in addition to the 2 attacks of Influenza in 1918 I have been subject to recurrent
Influenza each Spring since. As stated by Doctor Cohen I first knew Tuberculosis had developed
when definitely told by him at the time he mentions in his certificate, although I had had very
indifferent health for some time. I sincerely believe my present condition to be due to War
Service and Doctor Cohen has now given me direct instructions to cease my employment.
I should also like to say that, the certification of benefit received from National Health Approved
Society does not fully represent the time lost from work by me as I have had to stay away from
my work on several occasions for periods from 1 to 3 days, when no sickness is recorded or
benefits paid. I am also allowed a certain number of days leave from the Museum which we are
allowed to take in 1 day at a time or longer as convenient to us. This also I have booked off as I
have felt ill at various times but as we do not lose our pay on these days, no sickness is recorded.
Although the fact still remains that a man is ill but presumably on ordinary vacation.
4. I did not suffer prior to enlistment.
6.7.23 Statement by Approved Society.
Sickness benefits before enlistment:-
23rd June, 1913 to 14th July, 1913. No trace.
Since discharge or demobilisation:-
1st March, 1920 to 6th March, 1920 - Pleurodynia.
24th January, 1922 to 4th February, 1922 - Influenza.
9th February, 1923 to 26th March, 1923 - Influenza.
3rd July, 1923 still continuing - Phthisis.
19.7.23 Certificate by Post Discharge Doctor.
This is to certify that the first evidence I found of Pulmonary Tuberculosis was in
December, 1922, although he was examined several times previous to this date. He did suffer
20.7.23 Letter from Employers on behalf of Appellant.
Re:- William Humphries. He worked under my supervision between 1921 and 1922. I noticed
how bad he was looking and he had great difficulty in performing his duties which were not
heavy and he gradually got so bad that he could do nothing and had to give up altogether.
20.8.23 Certificate by Post Discharge Doctor.
This is to certify that the first time I examined Mr. William Alfred Humphries of 24 Aintree
Street and suspected Pulmonary Tuberculosis was 15th December, 1922. He had an attack of
Pleurisy in November, 1922, and complained of troublesome cough previous to this, but no
definite signs of Tuberculosis were detected before December, 1922.
31.8.23 Certificate by Post Discharge Doctor.
Re:- William Albert (sic) Humphries.
This is to certify that my predecessor Doctor MacMillan, who treated Mr. Humphries before
I took over the practice in July, 1922 is now in Canada. I have no history sheet of this man before
July, 1922, but I know that Doctor Mac Millan was constantly treating Mr. Humphries for a
chronic cough and that he suspected Pulmonary Tuberculosis, although he could not detect any
18. GROUNDS OF APPEAL.
PENSIONS APPEAL TRIBUNALS
HOUSE OF LORDS, S.W.1.
DECISION OF APPEAL
Name: HUMPHRIES W.A.
Address: Colindale Hospital, Hendon N.W.9
Ministry of Pensions No. 11/M/408524 Tribunal Case No. 11/3792
The appeal of the above-named man against the decision of the Ministry of Pensions has been duly heard by the Tribunal, which finds as follows:
DISABILITY CLAIMED DECISION
Pulmonary Tuberculosis Attributable to Service
in the Great War.
The Tribunal ALLOWS the appeal.
The Family Name of Humphries