Thursday 23 November 2017

Worker who made back injury claim was photographed skiing

Adam Herzyk leaves the Four Courts in Dublin yesterday Photo: Collins Courts
Adam Herzyk leaves the Four Courts in Dublin yesterday Photo: Collins Courts

Tim Healy

A warehouse worker's legal action for back injuries has been withdrawn, after photos of him on a skiing holiday and motorcycling in Europe were shown in the High Court.

Adam Herzyk (39), of Mertle Court, The Coast, Baldoyle, Dublin, sued food distributor Excellence Ltd, of Baldoyle Industrial Estate, for damages. He claimed to have suffered injuries when he was required to move boxes of various weights from pallets situated at different heights in the warehouse.

Excellence denied his claims. The case was withdrawn following a short adjournment during the cross-examination of Mr Herzyk.

It also followed questioning by Mr Justice Michael Hanna as to whether he had lied about earlier evidence given. Mr Herzyk said it was not his intention.

Mr Herzyk had claimed he suffered the injuries in the course of his employment, culminating in him having to go out with back pain on September 8, 2011. He had to take extended leave until the following November 21, having undergone extensive physiotherapy in his native Poland.

Under cross-examination, Mr Herzyk accepted a number of photographs were taken after the alleged injury.

These included photos of him on a skiing trip to Norway and of him on a vintage motorcycle he restored.

Mr Justice Hanna said, at this stage of the case, he did not believe one could go skiing with an injury to one's back.

Mr Herzyk also denied that it was after he was refused a redundancy package, which a work colleague had obtained in 2010, that he became "a very disruptive employee".

Following an adjournment Gabriel Gavigan SC, for Mr Herzyk, told the court the case was being withdrawn.

Irish Independent

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