Brisbane Supreme District Court
Brisbane Supreme District Court Rae Wilson

Council to be sued after man falls from ladder

A HERVEY Bay man is suing Fraser Coast Regional Council after he fell from a ladder in 2009 while he was employed by the council as a carpenter.

James Milling was granted an extension of time to lodge a claim in the Brisbane District Court.

Mr Milling, now 62, fell off a ladder while working at council in 2009 and hurt his back and was able to return to work a week later.

The judgment states Mr Milling re-injured his back while at work in August 2010 and again in May 2011.

"The applicant returned to full duties on 27 June 2011, and was able to cope with his work with only occasional lower back pain until May 2013, when one night he woke in severe pain with difficulty in moving, numbness to his left leg and foot drop," the judgment reads.

Mr Milling was given the all-clear to return to work in September 2013. A report conducted in December 2013 found Mr Milling would be able to complete his duties but would need some assistance.

"His uncontradicted evidence however was that he was not either told this by the occupational therapist or provided with a copy of this report at that time," the judgment reads.

A second doctor's report in February this year found Mr Milling was no longer able to perform many of his duties and he was placed on leave until he lost his job in September.

"It was submitted for the respondent that the applicant well knew after the surgery in June 2013 that his employment was at risk," the judgment reads.

Judge Douglas McGill granted the extension of time for Mr Milling to lodge the claim.

A council spokesman said it was inappropriate to comment as court proceedings were continuing.


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