Ex-Road Driller Given OK for Payout Battle

A FORMER roadmender who suffers from a disabling hand condition, caused by years of using drills, has won the first stage of his legal battle to win compensation from Sheffield Council.

Bryan Burgin, aged 64, of Mosborough, Sheffield, was given the green light by the Appeal Court London to carry on with his compensation claim against his former employer.

Mr Burgin worked on roads for the council for 28 years between 1964 and 1992 when he was made redundant.

He claims he used jackhammers and other vibrating machinery for between four and six hours a day and now suffers from Vibration White Finger, a condition which causes numbness in the hands and which is linked to prolonged use of vibrating tools or machinery.

Mr Burgin didn't launch his claim for damages against the council until March 2003, well after expiry of the normal three-year limit on claims for personal injury.
But a judge at Sheffield County Court on November 4 last year exercised his discretion in order to allow him to pursue his case regardless.

The council appealed against the decision today but top judge Lord Justice Ward, sitting with Lord Justice Clarke and Lord Justice Wall, dismissed their challenge, clearing the way for Mr Burgin to pursue his fight at a full trial.

Andrew Lewis, for Mr Burgin, argued his case for damages was so strong that the judge was right to allow him to proceed with his claim outside the normal time limit.

But Ian Groom, for the council, argued that because Mr Burgin had been aware of his condition in 1992 and had not brought a claim when some of his workmates did in 1996, he should be disallowed from bringing one outside the time limit. Mr Groom also added the delay would cause the council prejudice in any forthcoming trial as it would make it more difficult for them to gather evidence.

But Lord Justice Ward said: "It doesn't appear to me that the evidence shows that the council will be faced with any significant prejudice, and the judge was entitled to hold that, while there was the potential for prejudice, no prejudice was shown."
Mr Burgin, who is also suing a private company that employed him, can now pursue his case for thousands of pounds in damages to a full court hearing.

source: Sheffield Today (Last Updated: Saturday, 16 April, 2005)

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