Month: July 2018

Former Garda Awarded €9,000 for Injuries Sustained During 2013 Workplace Assault

A former Garda has been awarded just €9,000 workplace accident compensation by a High Court judge for injuries he suffered to his lower back and right leg, when he was assisting the arrest of a violent drunk in Cavan during 2013.

Barrister Esther Earley told the Judge Michael Twomey that Garda Gary Tobin, a renowned former rugby player and current junior rugby coach, that Garda Tobin had been on duty in Bailieborough at 3am on 31 January 2013 when he and a colleague arrested a violent drunk and possible drugs user on the town’s Main Street.

While the arrest was taking place he (Tobin) he had been knocked to the ground, injuring his lower back and right leg. He was absent from work for four months off work due to severe back pain before returning to light station duties for a number of months. Upon his return to work his right leg had continued paining him and he still experienced symptoms and still had difficulty putting his socks.

Counsel for the Minister for Public Expenditure and Reform Barrister Kevin Dinneen was advised by that his back had fully recovered after four months but he still experienced intermittent pain in his leg. He said that although his doctor had advised he get physiotherapy he had neglected to do so.

Garda TObin told the Court that, from his experience as a rugby coach, he was aware of how to deal with injuries and had undertaken a self-treatment regime for himself involving exercise after initially having been prescribed anti-inflammatories and muscle relaxants.

Judge Twomey, awarding Tobin €9,000 workplace injury compensation and costs for what he described as soft tissue injuries, told the Court that he (Tobin) had undergone an MRI scan at the time which had shown degenerative symptoms in his back.

 

Girl with Diabetes Awarded €2,260 Compensation due to Concert Staff Confiscating Lucozade

A young Belfast woman with Type 1 diabetes has been awarded €2,260 after security staff at a music concert confiscated her fizzy drink.

Kayla Hanna, 20, had been walking into a Red Hot Chili Peppers concert in Belfast in August 2016 when the incident happened.

The student always carries Lucozade for her blood sugar levels, as she suffers from Type 1 diabetes, but Eventsec Ltd staff removed it, despite her showing them her diabetes tattoo and insulin pack. Miss Hanna said suffered from anxiety and upset during the Red Hot Chili Peppers concert.

She told the court “I stood away from the area near the stage where my friends were because I was afraid something would happen to me and I would not have the Lucozade. This had never happened me at other concerts I went to. I really hope that, now this issue has been brought to light, it won’t happen again to me or other people who live with diabetes.”

Miss Hanna took a case under the Disability Discrimination Act 1995 and The Equality Commission for Northern Ireland supported her.

The court made ruled that discrimination had occurred and Judge Gilpin stated that Eventsec did not give a reasonable adjustment to its policy of not allowing liquids to be brought into the concert.

Mary Kitson, senior legal officer for the Equality Commission for Northern Ireland, said the Act is there to ensure people with disabilities are not denied access to services under any circumstances.

She said “In this case, the company should have made arrangements to ensure that Kayla could have accessed Lucozade during the concert if needed; for example, by directing her to its own medical centre at the venue and providing her with a bottle of Lucozade. That would have been a simple adjustment and would have met her medical needs. The court has ruled that this was a breach of the law and awarded Kayla £2,000.”