A FORMER coal worker, suffering with ill- health, fears he'll have no money for his funeral after his long- running compensation case was dropped.

Edgar James has been battling for years to have his day in court, with test cases for surface workers like himself scheduled to go to trial last month.

But, despite support over the years from MPs, the grandfather has learned the Government has decided to "strike out" these claims — and his lawyers have closed his file.

Mr James has chronic bronchitis and emphysema, and is reliant on a ventilator and the care of his wife, Lina, at their Birchgrove home.

He worked for 10 years at Onllwyn coal washery in the Dulais Valley before moving to the nearby Maesgwyn opencast mine. He described how he used to spit black dust at work.

"It was like silt," he said.

Mr James, aged 72, believes his condition was caused by his work.

"I have smoked a few fags, but not a lot," he said.

In 2003 he collapsed after chasing thieves who had stolen his lawnmower, and spent months in hospital.

According to his lawyers, Hugh James Solicitors, the old Department of Trade and Industry (DTI) said it would accept liability for surface worker claims in 2000.

But the DTI argued it left open the question of which categories of workers were to be included, and the level of evidence necessary for a successful claim.

Hugh James Solicitors said it could not continue representing Mr James.

The firm, which has not charged for its services, apologised to Mr James in a letter.

"We share your bitter disappointment that it has come to this," it said. "The main difficulty is that there were very few readings of dust taken on the surface.

"Underground, there is a clear link between the dust that can be seen and the dust that is breathed in by men.

"There has been an exchange of experts' reports, six in all.

"The combined effect of those suggest the link between visible dust and inhalable dust — which is proven underground — is not clear on the surface." It said Mr James could, if he chose, continue the fight with new solicitors.

Although there was no guarantee Mr James's claim would have been successful, he felt bitterly upset.

"I won't have any money to bury me," he said.

Don Touhig, MP for Islwyn, in Gwent, tried to help Mr James when he was a Wales Office Minister. In his view, he should qualify for compensation.

"I am disappointed that surface workers, who suffer from the same diseases [as miners], have yet to be compensated," he said.

"These men and their families have already suffered enough. It is time they had justice at long last."

If you can help Mr James with his claim, phone him on 07826 642720.

richard.youle@swwmedia.co.uk