Skip to main content

Wrist Injury Case Based On Three-Year Limitation Period

A former employee who worked as a mill worker was injured at a plant operated by the MacKay Sugar cooperative in September of 1994. His goal in the lawsuit was to receive compensation damages from a wrist injury that occurred at that time up to the present date. The plaintiff in the case is Bruce Drew.

During his employment with the company, Mr. Drew was erecting scaffolds. He was carrying 2 m long/30 kg scaffold tubes when he slipped on a muddy concrete floor behind the plant centrifuges. He fell and landed on his right wrist. Mr. Drew apparently wasn’t injured, as seriously as he thought so he never acquired the advice of any personal injury lawyers during that time period.

He continued to work his job without reporting the accident to management because no official report was submitted to court to verify the incident happened. In fact, no witnesses were called to appear in court during the trial case. Mr. Drew wanted the court to extend the three-year limitation period for the accident because of a recent diagnosis of the wrist injury in 2012 by an orthopedic surgeon.

Dr. Philip Duke stated in a report to WorkCover that the wrist injury was caused by the 1994 accident related to the fall. Dr. Duke testified that the wrist injury led to Mr. Drew developing arthritis in the injured wrist over the years. Mr. Drew argued that ligament damage and collapse would require a total wrist fusion to repair the damage caused from the accident in 1994. Mr. Drew also stated that this wrist injury entitled him to bring the claim for compensation damages forward from the actual time of the incident involving the fall.

The honorable judge Stuart Durward agreed in favor of Dr. Philip Duke’s 2013 report disclosing that “material and decisive fact” couldn’t be discovered quicker through available channels. The judge ruled in favor of Mr. Drew that his fall was likely caused by poor housekeeping practices of the operators of the Marian Mill. He claimed that it was their responsibility to keep the area free of debris causing wet, slippery conditions.

The judge also noted that Mr. Drew must be able to prove his case so the court would extend the limitation period in his favor. He stated that the defendant had a right to a fair and balanced decision in the case. The defendant claimed that none of the employees remembered the accident happening in 1994. They also stated that the actual date of the incident was never recorded. They claimed “irreparable prejudice since 20 years passed since the injury.” Mr. Drew’s personal injury lawyers never argued against the defendant’s claims.

Judge Durward agreed in favor with the defendants based on facts that they wouldn’t get a fair trial in the case. He refused to allow Mr. Drew to move forward with his claim in the case and dismissed the claim. Mr. Drew is only allowed to recover compensatory damages due to the condition related to his former job over the past 3 years. This post originally appeared on the Take the law… blog, you can read it in it’s original form here.

Comments

Popular posts from this blog

List Of Common Flowers in Kerala With Pictures

Kerala is one of the famous tourist spot situated on the south of India famous for its numerous wild life and thick vegetation. Like the Himalayan ranges on the north of India,

Building Blocks for Virtual Businesses : Key technological systems you must have to succeed in the remote business world

This is a guest post by Ripley Daniels about "Key technological systems you must have to succeed in the remote business world.

Whenever I tell friends I had a tough day at the office, they laugh at me. That's because they know I don't really have an office. I work very hard but I work for a company that is completely remote. Only a few of my co-workers ever go into an office at all and when they do, it's only for short periods of time. Our "office" is a virtual one. To us, the traditional office workplace is a thing of the past, alongside Tyrannosaurus Rex, the slide rule, and telephones where you stick your finger in a hole and turn a dial.
Unfortunately, none of this prevents me from having tough days. I still have them. But the reasons have nothing to do with the fact that my co-workers and I don't have a brick and mortar edifice that we can use to plan, strategize, hold our meetings, make presentations, discuss sensitive business topics, build relatio…

Using Free Online Backup Services to Enhance Team Efficiency

Getting a team to work collaboratively in today’s technological environment can be challenging. The days when a marketing group sat around a table drawing out steps in a campaign are gone; today, we make our contributions digitally. In some ways, that makes things much more flexible, but at times it can mean an efficiency hit.

The virtual conference room

Accordingly, we’ve found ways to get everyone together in a virtual environment. We use video conferencing software to exchange words and visual ideas in real-time. We use email to move data back and forth.

Unfortunately, this becomes inefficient and bulky at times. Think about the life cycle of a single document, perhaps a departmental procedure. It starts out on the computer of the person creating it. From there, it’s sent as an attachment to the manager. The manager makes changes, and then sends it out to the entire team (of let’s say five members) for comments or additional ideas. At that point, there are now seven iterations of th…

Using OHS Online Induction Programs for Trades

If you regularly employ (or contract individuals, even other businesses) using online induction software will greatly benefit your working process. Online inductions will give your new employees (or contractors) a very professional experience as they enter your company. More importantly, a proper training program will help alleviate your Occupational Health and Safety obligations. Just because you are in the construction business does not mean you cannot use online tools to get this job done. Smarter business trades industry business owners are turning to web-based business software solutions for a number of reasons.



Software provides a centralised training location. Online software applications are more commonly used by those in the trades industries because of their increased need to keep legal OHS documentation stored safely in one place. It is common to have changing employees or contractors in these industries, and moreover, it is very common for them to be working on a variety of…

Archive

Show more