Sick pay from State should be recovered from court settlements, judge says
A High Court judge wants the settlement of cases before him to reflect the fact the State can recover sick pay to people who have also, as part of settlements, received sums for loss of pay while they were out of work due to an accident.
Mr Justice David Keane made the comments in the case of a digger driver who sued his employers over injuries he received when huge slabs of limestone he was digging out of a quarry face fell on the cab of his vehicle.
As the case was due to resume on Wednesday, the judge was told the matter had settled and the court could make an order to reflect the parties had agreed a settlement to include loss of earnings.
The judge said he would do so if the words "although the court did not so determine" could be added to the order.
Mr Justice Keane said in Northern Ireland the authorities recovered sick pay in similar cases.
He gave an example of what happens here where a claim is made for €100,000 for loss of earnings and the parties then come to an agreement.
He said:
The plaintiff is offered €80,000, gets €20,000 more than he should and the defendant pays €20,000 less while the Minister for Social Protection loses €40,000 and by extension the taxpayer.
The court heard on Tuesday there was an application to amend an original €60,000 loss of earnings claim in the digger case because the plaintiff had been unable to return to that occupation due to his physical and psychological injuries.
Paddy O'Brien (45), of O'Loughlin Court, Kilkenny, sued Holdensrath Quarry Ltd and Irish Blue Limestone Holdings Ltd over the accident at the Holdensrath quarry in Kilkenny on August 29, 2016.
Liability was admitted and the case was before the court for assessment of damages only.
The case was adjourned to allow an amended claim for loss of earnings, calculated by an actuary, be provided to the court.
On Wednesday, when the judge was asked to accept the settlement, Jeremy Maher SC, for the defendants, said the court was not being asked to make a ruling in relation to the loss of earnings.
Mr Justice Keane disagreed and said the court was actually being asked to make a finding of fact in relation to loss of earnings.
Mr Maher said the court had evidence as to the length of time Mr O'Brien was out of work for and when the company stopped paying him. Evidence could be called in relation to this if the case continued.
The judge did not think it would be appropriate in circumstances where the Minister was not a party to the case and there would be no one to argue the Minister's case.
The judge said he had also been told by Mr O'Brien's counsel, Michael Counihan, that a claim of loss of earnings of up to €560,000 could be made in the amended claim.
Mr Maher said it appeared that the case had not been settled and would have to continue.
The judge adjourned the case to December.
