Stickybottle

Worker suing for injury secretly filmed cycling by private investigator

Posted on: March 12th, 2019

A worker suing for injury was secretly filmed cycling by a private investigator despite telling doctors cycling was impossible due to the pain of the injury. However, she has responded saying she sometimes had good days and also took pain relief.

 

A woman who has taken a personal injury action over ongoing pain was secretly filmed cycling despite claiming she had difficulty with basic everyday tasks.

However, when challenged about being able to cycle Ewa Rolbiecka (51), Cré Na Mara, Arklow, Co Wicklow, said she had good days and bad days.

And she told the High Court that on her bad days she was unable to do those things that form the basis of her personal injury action.

However, she enjoyed cycling and it was something she could do on her good days, but not every day.

The tasks she said she was unable to do include cycling and walking as well as pushing and carrying things.

She said she was also unable to vacuum for more than five minutes without feeling pain.

The High Court was told she was filmed by a private investigator cycling around Arklow, and doing so with obvious effort. She was also filmed pushing a buggy.

Ms Rolbiecka is suing her employer, Michael Kennedy, after she fell trying to pick from a high mushroom shelf on Kennedy’s farm in Arklow in January, 2016.

She has claimed she fell because she was given an unsuitable low stool to use. And since then, she says, she has endured debilitating pain.

Her employer denies she was given the incorrect equipment to do the job.

Ewa Rolbiecka claims the pain she suffers in her back has meant she has been unable to work since the accident.

She says she fell with significant impact on her right leg on a concrete floor with resulting nerve compression to her back.

As well as being unable to walk, cycle and perform household tasks such as washing dishes she was also unable to wear high heels.

However, because she suffered less pain on some days and also took painkillers, she was at times able to do the things that she has claimed are impacted by the pain.

Her legal team requested all of the footage that was shot of her by the private detective be made available to them.

And the case was adjourned, though some evidence was expected to be heard today.

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