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Wincanton pays for bad back
Page 11
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A TRUCK DRIVER forced to give up his job after an accident at work has been awarded almost £50,000 compensation by the Court of Appeal.
Mark Elsigood of Church Stowe near Daventry was originally awarded the cash by Watford County Court in August: now the appeal court has upheld that ruling. His former employer, Wincanton , Logistics, must pay £47,900 to compensate for the effects of an injury he suffered while unloading a truck more than five years ago.
Sir Igor Judge told the Court of Appeal that Elsigood had to abandon his work as an LGV driver as a result of the accident. He suffered a prolapsed disc in his back after attempting to remove a defective pole from the back of his trailer. Elsigood said the incident was the root cause of the injury, though he was already suffering from a degenerative back condition.
Wincanton challenged the ruling in the Court of Appeal, claiming it was an injury waiting to happen due to the pre-existing condition. Appearing for Wincanton, James Murphy claimed the accident had only accelerated the onset of debilitating back pain by two or three years.
But refusing to allow Win canton to launch a full appeal Judge said: "There's no realistic prospect that the appeal court would interfere with Judge Wright's conclusions."