A man who is seeking damages for back injuries allegedly sustained in a meat factory accident has brought the first High Court challenge to the policy of the Personal Injuries Assessment Board to deal directly with clients rather than solely through their solicitors.
Mr Justice de Valera remarked yesterday that he expected there would be similar cases against the board.
In his proceedings against the PIAB, Mr Declan O'Brien, a boner in a meat factory, claims his constitutional right to be represented by a solicitor is being breached in that the board was seeking to deal directly with him rather than through his authorised solicitor, Mr Denis Boland.
Mr O'Brien (31), Esker Meadow, Tullamore, Co Offaly, claims that the conduct of the board in the handling of his claim constitutes an interference with his solicitor/client relationship and accordingly has restricted his access to proper legal advice and the proper administration of justice.
Yesterday, Mr Harry Whelehan SC, for Mr O'Brien, secured leave from Mr Justice de Valera to seek, in judicial review proceedings, a number of orders and declarations against the board. The matter was returned to October 12th.
The application was made on an ex parte basis (one side only being represented). However, prior to Mr Whelehan opening the application, Mr David Barniville said he was representing the board, which had been notified of the intention to make the application. Mr Barniville said he was attending the court out of courtesy and wanted to indicate that the board was anxious, in the event of the court granting leave for the proceedings, that the case should be heard as soon as possible as it had implications for other cases.
In an affidavit, Mr O'Brien said he had on November 5th, 2001, sustained injuries as a result of an accident at a meat factory owned by Galtee Meats Ltd, Clara Road, Kilbeggan, Co Westmeath. He said he was working at the time as a sub-contractor to Ard Meats Ltd, Dundalk, Co Louth, and was boning meat on a table when a side of meat which was hanging on a rope on an overhead line fell on his back.
As a result of the accident, Mr O'Brien claims he is now boning meat at 25 per cent less than his capacity prior to the accident and this had affected his wages. Mr Whelehan said Mr O'Brien had hoped his back would heal but after his injuries did not settle down, he had consulted Mr Boland on August 12th last regarding his claim.
Mr Whelehan said his side had been very concerned that the claim might not be registered within the three-year time limit, which expires on November 4th next. However, the PIAB had since indicated it would register the claim by October 31st and it was now expected that this aspect of the matter would not trouble the court.
In his affidavit, Mr O'Brien said Mr Boland had told him on August 12th last that he would have to fill out a form for the PIAB and Mr O'Brien had given Mr Boland the necessary details to enable him to fill out the form. He also arranged to attend Mr Boland's office some days later to sign the form for the board and also to sign an authority for Mr Boland to deal with all correspondence regarding the claim.
However, on August 16th, 2004, Mr O'Brien had received a phone call from an official with the PIAB who told him he did not really need a solicitor to handle his claim and also that he should send in a medical report.
Mr O'Brien said he was surprised to receive that call. He was also surprised, given that he had authorised Mr Boland to deal with all correspondence, to receive three days later a letter from the PIAB regarding his claim. The letter asked for a medical report and he had instructed Mr Boland to procure that.
In another affidavit, Mr Boland said he had been astonished to learn that the board had contacted Mr O'Brien directly and had told him he did not really need a solicitor. The PIAB should be called upon to cease its interference in the solicitor/client relationship.
