A former meat plant operative and champion ballroom dancer; latter photographed chopping timber, on dates between 2017 and 2018; during a time he claimed he was not able to work, has withdrawn his High Court claim for loss of earnings against Callan Bacon Company Ltd, his former employer.
Mr Frank Burgess, aged 45, and a married father-of-three, with an address at Hillview Drive, Thurles, Co Tipperary, had sued Callan Bacon Company Ltd over a back injury, allegedly sustained while lifting 12kg pieces of pork meat onto a conveyor belt, during his employment on November 24th, 2016 last.
Mr Burgess claimed he remained unfit for work between December 2016 and May 2019 last, and was petitioning his former employer with regard to €25,000, same his alleged loss of earnings; less the illness and injury benefits received by him, from the Irish State.
It was alleged in court that a table, which Mr Burgess had been operating on, was some three inches lower than a conveyor belt, resulting in Mr Burgess having to lift meat onto the belt some 200 times every hour. Thus it was claimed that his employer was negligent by failing to provide a suitable platform level with that of the operating conveyor belt.
His employers Callan Bacon Company Ltd denied all of the claims.
Mr Burgess, a five-time national Ballroom Dancing Champion, claimed his dancing abilities had since been hampered, due to his injuries.
Following two hours of cross-examination by defence barrister Ms Elaine Morgan (Senior Counsel); Mr Burgess was shown CCTV footage of himself, operating a digger and photographs of himself appearing to cut and throw timber.
Mr Burgess confirmed that the CCTV footage and the photographic images were indeed of himself, but said he believed the images had not been taken on the dates suggested by the defence.
However, on Wednesday last, after a brief adjournment in the proceedings, Judge Mr Tony O’Connor was informed that this claim for loss of earnings had now being withdrawn, resulting in the case being struck out.
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