MIC must compensate instructor

- File photo
- File photo

An electrical training instructor with the MIC Institute of Technology will receive a little under $.2 million for injuries he suffered when the chair he was sitting on in the staff lunch room toppled over.

Irving Williams fell backwards and injured his back, shoulder and neck.

On Thursday, Justice Ricky Rahim ordered MIC to pay Williams damages and special damages, totalling $181, 776.27, including interest, for its negligence.

In his decision, Rahim found MIC had failed to provide or maintain a safe system of work, and in particular, failed to train Williams in the proper operation and use of the chair. He also found that MIC failed to take any adequate care for Williams’ safety in operating the chair.

“As a matter of general principle, the fact that an employer is under obligation to devise a safe system of work is incontestable,” the judge said.

According to the evidence, MIC provided new reclining and rollable armchairs for staff a few months before the incident, which took place on May 23, 2013.

Williams was treated, took painkillers, and referred for physiotherapy and rehabilitation.

He said he suffers daily from pain, and is unable to bend, lift heavy objects or move about freely without severe pain. He also testified that his work as an electrician has suffered, he is unable to take partic in physical activities and his sex life has significantly deteriorated, causing him stress and embarrassment.

“Despite the treatments and painkillers administered to the claimant over time, he has benefited from very little relief,” the judge said, adding that, based on a recommendation by a neurosurgeon, Williams needed further medical treatment.

“The evidence clearly demonstrates the tremendous difficulty he experiences with most mundane physical everyday tasks and the court accepts that evidence.

“In relation to the decline in his sex life, there was no medical evidence or otherwise that addressed that aspect of the claim so that it will not be considered for the purpose of the award,” he said.

Rahim also found MIC had provided no explanation for the collapse of the back of the chair, and he did not accept that was because Williams put his feet on a table.

He also said it “in no way” followed that Williams contributed to his own negligence by using the chair improperly, adding that the injuries he suffered were not the result of degenerative changes, nor were they age-related.

“The court must accept the evidence of the claimant that the majority of his pain and suffering and loss of amenities is based on the pain that developed and persisted over time as a result of the incident,” Rahim said.

Williams was 58 at the time.

He was represented by attorneys Lemuel Murphy, Joseph Sookoo and Shane Patience.

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